Universal Escalation Triggers (Apply to All Categories) (+2)
Universal Escalation Triggers (Apply to All Categories)
- The matter involves potential litigation or regulatory investigation
- The inquiry is from a regulator, government agency, or law enforcement
- The response could create a binding legal commitment or waiver
- The matter involves potential criminal liability
- Media attention is involved or likely
- The situation is unprecedented (no prior handling by the team)
- Multiple jurisdictions are involved with conflicting requirements
- The matter involves executive leadership or board members
Category-Specific Escalation Triggers
Data Subject Requests:
- Request from a minor or on behalf of a minor
- Request involves data subject to litigation hold
- Requester is in active litigation or dispute with the organization
- Request is from an employee with an active HR matter
- Request scope is so broad it appears to be a fishing expedition
- Request involves special category data (health, biometric, genetic)
Discovery Holds:
- Potential criminal liability
- Unclear or disputed preservation scope
- Hold conflicts with regulatory deletion requirements
- Prior holds exist for related matters
- Custodian objects to the hold scope
Vendor Questions:
- Vendor is disputing contract terms
- Vendor is threatening litigation or termination
- Response could affect ongoing negotiation
- Question involves regulatory compliance (not just contract interpretation)
Subpoena / Legal Process:
- ALWAYS requires counsel review (templates are starting points only)
- Privilege issues identified
- Third-party data involved
- Cross-border production issues
- Unreasonable timeline
When an Escalation Trigger is Detected
- Stop: Do not generate a templated response
- Alert: Inform the user that an escalation trigger has been detected
- Explain: Describe which trigger was detected and why it matters
- Recommend: Suggest the appropriate escalation path (senior counsel, outside counsel, specific team member)
- Offer: Provide a draft for counsel review (clearly marked as "DRAFT - FOR COUNSEL REVIEW ONLY") rather than a final response