Form · Knowledge Management

Privilege and confidentiality clearance before know-how ingestion

Decision record, under s 118 and the duty of confidence, on whether a set of advice or client documents may be put into a know-how collection or an AI retrieval index.

Kind
Form. A form to complete, or a guide to completing an official one.
Where it applies
Australia
AI use
Red You write the text. The tool writes nothing into the document. Where permitted, it may check, clarify or collect data, and anything it checks or collects is verified.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 5 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Complete before advice files, research memos or client documents are copied into a precedent bank, a vector index, or a tool other people in the firm can query. One record per set. A matter-only folder that only the matter team can open is a different, narrower decision and still needs a row.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

The lawyer decides whether the set is privileged or confidential and whether it may be ingested; a tool may only list filenames, dates and authors from metadata the lawyer exports.

AI may

  • List filename, date and author from metadata the lawyer has exported for this set.
  • Count how many files are marked privileged in the document profile.

AI must not

  • Must not read the documents in order to decide privilege.
  • Must not conclude that privilege has been waived, or that a document is safe to ingest.
  • Must not copy the set into an index.

The lawyer checks

  • The s 118 question is answered by a lawyer who has considered the purpose of the documents, not by a metadata flag alone.
  • The decision states the index, who can query it, and whether client identifiers have been removed.
  • If the answer is no, the set is not in the index, including any draft upload.

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

More in Knowledge Management

All precedents for Knowledge Management · Tasks and AI use in this area