While employers as a rule know that they must take reasonable measures to protect personnel records from unnecessary disclosures in the course of business, when employment litigation arises there are myriad records that may become subject to disclosure in discovery, including personnel records of the plaintiff as well as individuals who are not parties to the case, such as decision-makers and comparators in employment discrimination cases. Protective Orders can be entered to govern the use and protection of confidential information during the pre-trial discovery phase of litigation. But the principal of open access to court records can make protection of sensitive personnel information more complex if a record must be used as an exhibit that is to be filed in court or used at trial. With so many court records now readily accessible through electronic means, and the risk of identity theft an ever-present risk to society, employment counsel must be ever more vigilant in protecting information from unnecessary disclosure.
Illinois Courts to Require Redaction of Personal Identity Information
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