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How to Redact Legal Documents: Tips and Tools to Try
How to Redact Legal Documents

Legal redaction helps you protect sensitive information in legal documents when sharing them with third parties. It often involves safeguarding your client's confidentiality by covering sensitive information with a black box or putting [REDACTED] where such information is mentioned.

Unfortunately, proper redaction can be complex and time-consuming, especially when done manually. You need the right skills and redaction tools like Redact by iDox.ai to properly redact a legal document without diminishing its relevance.

This post explores how to redact a legal document, highlighting the dos and don'ts constituting an effective redaction process.


How to Redact a Legal Document—Dos and Don’ts

How you redact a document depends largely on the type of physical and digital files involved. Here are some of the best practices to consider and what to avoid when redacting a legal document.


Don'ts in Legal Redaction

Avoid these practices when redacting a legal document.


Never Redact Information in Word Documents By Deleting It

A rookie legal team may consider redacting a Word document by deleting sensitive information. This method isn't effective because the redacted information isn't permanently removed; it can be traced via the document's metadata.


Avoid Redacting Information By Changing the Font to White

This mistake is also common when legal teams deal with Word documents. Changing the font to white makes the text fade into the background but doesn't remove the text.

True, it would be difficult to see confidential information at first glance. However, the “hidden” information can be uncovered by simply dragging the mouse pointer over the sentence to highlight it.


Don't Redact a PDF File by Drawing a Black Box Over the Information You Wish to Redact

PDF readers like Adobe Acrobat Reader have tools to remove, cover, or blackout certain information on PDF documents. But these methods aren’t infallible. Anyone can remove these edits with the same tools to reveal what was hidden.

Fortunately, there are several other ways you can redact PDF files. For example, the Adobe Acrobat redaction tool can help you remove sensitive data, including metadata and hidden data like cropped images.

However, this redaction method is manual and time-consuming for legal teams handling many documents. In addition, it often requires a high level of technical literacy to navigate its features.

You must also “sanitize” hidden data to ensure that hidden data and metadata are properly redacted. For additional details, check out Adobe Acrobat's guide on removing sensitive content from PDFs.


Never Cover Text With Ink Markers, Semi-Translucent Tape, Or Paper

A common error in redacting information is covering the sensitive data with semi-translucent tape or striking it out with a black marker. This mostly applies when redacting a scanned document. Unfortunately, using ink, tape, or paper to cover the area you wish to redact before scanning the document is not considered a proper redaction method.

Using a black marker, for instance, might not completely hide the data after scanning. This is especially common when the information appears several times in the document.


Dos in Legal Redaction

Consider these best practices when carrying out redaction.


Use the Notepad Method to Redact Word Documents

A better alternative is to redact your Word document using the Notepad method. This method eliminates the issue of tracking redacted or edited information using the Word document's metadata. Here's how you can do it:

 

  • Open the original document you wish to redact in a word processing program (e.g., Microsoft Word)
  • Make the necessary edits. You can search for and replace sensitive information with [REDACTED] or whatever else you deem fit.
  • Once you're done making the edits, copy all the text and paste it to Notepad
  • Note that when you copy to Notepad, you only copy the text; the metadata does not go along with it. Hence, there's no history to trace.
  • When you've copied the redacted text to the Notepad, you'll notice that the format is scattered. This is because formatting options like justification, italics, bold, and underline are not applicable in Notepad.
  • Now, save this file in Notepad. It is now a text (.txt) file.
  • To reformat the file (i.e., arrange the text properly so it's readable), open the text (.txt) document in a new blank Word document. Under no circumstances should you use the old document.
  • Format the new redacted Word document as needed and then save.

This redaction method is effective because Notepad can't save any hidden code or metadata.


Always Use the Appropriate Tools

Redaction can be a tiring process, especially when done manually. Thankfully, several platforms and tools offer redaction services, making it easier for attorneys to redact documents accurately and quickly.

An excellent example is the iDox.ai Redact Tool. It's easy to use and very time-effective. It also covers all file types (PDF, text, scanned documents, etc.) and is very secure, so you can be sure your documents are protected.

First, upload your legal document:

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The AI redaction software then scans the document to determine its profile and applies a redaction template to speed up the process. If necessary, you can also set up custom profiles to ensure all your necessary data is easily redacted.

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Then, iDox.ai Redact will automatically detect what sensitive information needs to be blacked out. You also have the option to manually add or remove redactions if necessary.

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Once done, all you have to do is download your redacted and secure legal document.


Ensure You Follow the Appropriate Regulations and Guidelines

Proper redaction is essential for ensuring compliance with key laws and regulations. For instance, the General Data Protection Regulation (GDPR) requires health information and personal identifiable information (PII) to be redacted.

Another example is the Race Blind Charging Guidelines, which require attorneys to initially base their charges on redacted reports that don't mention race.


Cross-Check the Redacted Document Before Sharing It

After redaction, cross-check the document to confirm no sensitive information is left. Check for details like the individual’s birth year, financial account number, and social security number.


What Information Should You Redact in a Legal Document?


Several sensitive pieces of information in legal documents need to be redacted. They include:

  • Personal Identifiable Information (PII): This includes names, phone numbers, email addresses, dates of birth, social security numbers, biometrics, etc.
  • A Company's Proprietary Information: this includes financial information, trade secrets, proprietary business processes, domain names, and copyrights.
  • Financial Information: This includes an entity's financial account number, credit card numbers, payment history, credit ratings, and more.
  • Medical Information: Medical information such as insurance, medical conditions, disabilities, and history may also be redacted in a legal document.
  • Children's Information: Personal information about minor children, like their names and addresses, may be redacted during a court sitting. Sometimes, you may replace full names with their initials.
  • Sensitive Personal Information: Information about an individual's sexual orientation, religious beliefs, or political views may also be redacted so that it doesn't affect the case’s outcome.


Leverage iDox.ai for Seamless Redacting

Legal redaction is very sensitive. A redaction gaffe can have dire consequences for the legal team or attorneys involved.

iDox.ai Redact automated software is an effective tool for redacting multiple legal documents in the shortest time possible. It has built-in features like legislation and location customization, a keyword finder, a redaction template, and descriptive labels that simplify the entire redaction process.

For example, the legislation and location customization feature saves you the trouble of researching legislation and country-specific regulations. Simply set the tool to the geographic location and redact your file in one click.

Also, the redaction template feature allows you to create templates you can use on multiple legal documents, saving you time.

Start your free trial today!


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