In brief – The Federal Court’s recent decision in Robertson v Singtel Optus Pty Ltd [2023] FCA 1392 delves into the complex question of legal privilege concerning IT forensic reports in the aftermath of a cyber attack.
Part of the incident response process for many cyber attacks is the retainer of IT forensics to help investigate and stop the breach and also so legal advice can be provided, particularly where there has been a breach of privacy. Some companies appoint IT forensics themselves and there has long been tension about whether IT forensic reports are covered by legal privilege.
The Federal Court decision of Robertson v Singtel Optus Pty Ltd [2023] FCA 1392, handed down on Friday 10 November by his Honour Judge Beach, considered whether the applicants could obtain orders for the discovery and inspection of:
- the forensics report prepared for Optus by Deloitte Touche Tohmatsu concerning a data breach that occurred in mid-September 2022:
- the documents prepared for providing instructions to Deloitte; and
- all documents provided to Deloitte for preparing such a report.
(collectively, Forensic Material)
Background
Between 17 and 20 September…
