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0 <br />Document Number: 909 R 5003 <br />Rev: 12 Date: 1/22/13 <br />EMERGENCY RESPONSE PROCEDURES <br />2.3.11 Note the Investigators' Powers to Demand Documentation. Their powers <br />cover private records held by individual managers and information held on <br />computers. Investigators must request files reasonably clearly and cannot go on a <br />"fishing expedition". <br />2.3.12 Do Not Volunteer Documents. Depending upon the country in which the <br />investigation is taking place, investigators may not have the power to seize original <br />documents. Do not volunteer documents unless recommended by your lawyer. <br />Remember that searches can last a number of days and that documents created <br />during that time can also be subject to disclosure. <br />2.3.13 Remember Legal Privilege. Communications with lawyers may be legally <br />privileged in which case investigators may not examine or copy them. Inform the <br />investigator if a file he wishes to review is likely to contain privileged documents. Ask <br />to review the file to extract privileged documents prior to the investigator's review or, <br />if he refuses, review the file at the same time as the investigator so that you can <br />identify and remove privileged documents. The investigator will probably insist that <br />you demonstrate privilege, for example, by showing the lawyer's name in the <br />letterhead or that the document has the word "privileged" in the header. Record any <br />objections to this procedure or disputed documents. Ask that the investigators wait <br />for your lawyer and consult with him or her before examining any contested <br />documents. <br />2.3.14 Protect Legally Privileged Electronic Documents. The investigators are <br />usually accompanied by IT specialists, who may be able to retrieve deleted files and <br />emails. Investigators may also run key -word searches on stored files and emails. If <br />investigators ask for access to the computer system, make sure that files are <br />checked for legally privileged documents first, before they are reviewed, downloaded, <br />or printed by the investigators. A company IT specialist should perform the <br />operations requested by the investigators on the system or at least supervise what <br />the investigators are doing. Make a copy of all files that are taken by the investigators <br />and note the key -word searches made. <br />2.3.15 Ensure Relevance to Authorization Scope. When reviewing or copying <br />documents, investigators are bound by the scope of the written authorization they <br />H:\profile\My Documents\500 E. Louise ave (CIA LOF)\9-25-13\909R5003 Emergency Response Procedures.doc <br />Page 66 of 67 <br />Paper Copies are Not Controlled unless stamped in RED "Controlled Document". Controlled Version appears in OS9000 database. <br />Copies without a RED "Controlled Document" stamp will be OBSOLETE 24 hours from 10/7/2013 8:47 AM <br />