Prohibiting document reviewers access to data based on their country of origin or citizenship status is fairly common, e-discovery providers say. But while technology will loosen the limitation’s burden, in-depth discussions with clients are still necessary to mitigate the risk of discrimination charges and fines.

Oftentimes denying a document reviewer access to data stems from the client requiring reviewers to obtain national security clearance. Relativity discovery counsel and legal education director David Horrigan noted that such a clearance hinges on an applicant being a U.S. citizen. “It happens all the time especially in a place like Washington, D.C., when you have so many matters that require security clearance.”