Conducting successful productions
Production of data to a regulator, court, other party or administrative body is a final but vital stage in the execution of any evidentiary review. Practice Direction PDSL1.2 in Hong Kong has the following points of procedure:
- K: Format of production of electronic copies, including redacted copies of disclosed Documents
- 27. Save where otherwise agreed or ordered, copies of discovered Electronic Documents should be provided in their Native Format, in a manner which preserves Metadata such as the date of creation of each Electronic Document.
- 28. Where it is agreed or ordered that copies of discovered Electronic Documents should be provided in formats other than their Native format, for example text searchable PDF or other 'image formats' they should be rendered in such a way as to include any pertinent information, such as, for example, 'track changes', 'comments and mark-up', 'speakers notes', 'hidden rows', 'hidden columns', 'hidden worksheets'. Where colour is present and material to the comprehension of the Electronic Document, such as coloured graphs, this information should be rendered in colour.
- 29. Where the court has directed or the parties have agreed not to provide Electronic Documents in their Native Format, a party should provide searchable OCR versions of the disclosed Electronic Documents, unless good reason is shown for not doing so.
- 30. If a party wishes to redact or otherwise make alterations to an Electronic Document or Documents; then:
- (1) the party redacting or altering the Electronic Document must inform the other party that redacted or altered versions are being supplied; and
- (2) the party redacting or altering the Electronic Document must ensure that the original unredacted and unaltered version is preserved, so that it remains available to be supplied if required.
A common concern when producing documents is often around partially privileged files or inadvertent disclosure of privileged files.