A decision issued by the Ninth Circuit in August (Center for Auto Safety v. Chrysler Group, 2018 U.S. App. LEXIS 23848 (9th Cir., Aug. 23, 2018) (unpublished)) reminded me how crucial it is for courts, when appropriate, to protect privacy interests of individuals, business firms and companies literally forced to produce confidential information during discovery. In this digital era particularly, when voluminous e-discovery obligations are the norm, privacy interests easily can be eroded.

In the Chrysler case, purchasers of certain vehicles filed a class action alleging defects in the vehicles’ power systems. They claimed the vehicles did not promptly and reliably start, would stall at high speed, had fuel pumps that did not turn off, and manifested other problems. The district court issued a protective order permitting the parties to designate certain documents as “Confidential” in anticipation of a hearing on a motion for preliminary injunction. Only parties to the suit had access to the documents.