---
title: "Check permission before using subpoenaed or sensitive records"
url: "https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records"
type: "task"
site: "AI Law Framework"
id: "A16-P20260916-2"
practice_area: "Family Law"
tier: "red"
lawyer_review: "required"
last_reviewed: "2026-09-23"
---

# Check permission before using subpoenaed or sensitive records

> Organise a restricted record inventory from metadata already permitted for use. Do not upload the underlying records until the lawyer clears access and processing.

Canonical page: https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records  
Last reviewed: 2026-09-23

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | Organise a restricted record inventory from metadata already permitted for use. Do not upload the underlying records until the lawyer clears access and processing. |
| What the lawyer must review | Decide access, copying and permitted purpose Decide any need to protect sensitive information |
| Written for / versions | 3 jurisdiction versions below |

## Checking plan

**Lawyer leads the decision**

The lawyer decides access, copying, permitted purpose and any need to protect sensitive information.

- What the AI does: Organise a restricted record inventory from metadata already permitted for use. Do not upload the underlying records until the lawyer clears access and processing.
- What the lawyer does: Make the legal assessment, check the source material and authorise the output for its intended use.
- Who reviews: Lawyer competent in this practice area
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects the consequence of an error and the amount of independent review the described output needs.
- Restriction: AI must not be used to bypass a court restriction or an unresolved access decision.
- Written for: AU

## Checks the lawyer makes

1. Read the subpoena, production status, objections and current orders; confirm whether inspection and copying are allowed.
2. Identify medical, child welfare, police and protected-confidence records and any separate restrictions that apply.
3. For proposed GenAI processing, verify every PD-AI 5.5 condition: a protected closed environment, enforceable supplier confidentiality, no model training and use only for this proceeding.
4. Resolve any objection or uncertainty before processing; keep the inventory limited to people entitled to access it.

## Notes

- These are suggested working checks. The cited court, tribunal or scheme requirements apply only within their stated scope.

## Practical guide

Jurisdiction: Australia: FCFCOA proceedings

**Deliverable**: An access and use table: record, restriction, permitted action and unresolved issue.

**Inputs**

- Subpoena and current orders
- Production and objection notices
- Tool approval for the proposed information

**Example**: Illustrative example: A counsellor’s records have been produced, but an objection to inspection remains outstanding. The table marks access unresolved and the records stay out of the AI tool.

**Stop and escalate when**

- An objection, inspection restriction or copying restriction is unresolved.
- The platform’s enforceable confidentiality or no-training safeguards are unverified.

Checked 2026-09-16.

## Sources

- [FCFCOA: Family law subpoenas](https://www.fcfcoa.gov.au/fl/subpoenas) (checked 2026-09-16)
- [FCFCOA: Protecting sensitive information in family law proceedings](https://www.fcfcoa.gov.au/fl/protected-confidences) (checked 2026-09-16)
- [FCFCOA Practice Direction: Use of Artificial Intelligence](https://www.fcfcoa.gov.au/pd/pd-ai) (checked 2026-09-16)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [Commonwealth](https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records/commonwealth.md) | Red |
| [United States](https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records/united-states.md) | Red |
| [New Zealand](https://ailawframework.com/practice/family-law/check-permission-before-using-subpoenaed-or-sensitive-records/new-zealand.md) | Red |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*