What must a custodian do before producing records requested in a subpoena duces tecum?

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Before producing records requested in a subpoena duces tecum, a custodian must review the records and redact confidential material. This procedure is crucial to ensure compliance with legal standards surrounding privacy and confidentiality. Redaction involves the careful examination of the documents to identify any sensitive information, such as personal identifiers, privileged communications, or other confidential data that should not be disclosed under the law.

By redacting this information, the custodian protects the rights of the individuals involved and ensures that the disclosure of the records does not violate any legal or ethical obligations. It is not sufficient to simply hand over records without assessing the confidentiality of their contents, as failing to redact sensitive information could lead to legal repercussions or violations of privacy laws. Thus, the act of reviewing and redacting is a necessary step in the responsible handling of requested records.

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