Article Spotlight: Analysis of British American Tobacco's questionable use of privilege claims

LeGresley E, Lee K. Analysis of British American Tobacco's questionable use of privilege and protected document claims at the Guildford Depository. Tobacco Control 2016 Jun 27.

Tobacco companies have a documented history of attempting to hide information from public scrutiny, including inappropriate privilege claims. The authors conducted a search of the Truth Tobacco Industry Documents Library which identified inconsistent privilege claims, and duplicates of documents withheld by BAT from public visitors. "A review of the validity of these claims was conducted against recognized legal definitions of privilege. The authors found that BAT has asserted inappropriate privilege claims over 49% of the documents reviewed (n=63). The quantity of such claims and consistency of the stated rationale for the privilege claims suggest a concerted effort rather than human error."

• Supplemental Table - containing documents reviewed for appropriateness of privilege claims.


• Marking some documents as confidential, secret or privileged was intended to protect company interests. The authors retrieved the following documents describing what BAT staff should deem as sensitive information and how privilege should be claimed to protect it:
  https://industrydocuments.library.ucsf.edu/tobacco/docs/rfwk0194
  https://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/ypgp0191
  https://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/hkfg0200
  


• The authors note the blanket protection afforded some personal documents also creates an opportunity to hide sensitive material simply by placing correspondence on home letterhead. This practice is referenced in the following document by Phillip Morris executive Thomas Osdene in a handwritten note regarding the destruction of potentially sensitive documents relating to the industry-funded Institute for Biological Research (INBIFO): “If important letters or documents have to be sent, please send to home—I will act on them and destroy”
  https://www.industrydocumentslibrary.ucsf.edu/tobacco/docs/kfhf0189