New York State Bar Opinion 842

Committee on Professional Ethics – Opinion No. 842

Topic: Using an outside online storage provider to store client confidential information.

Digest of the Committee:

“A lawyer may use an online data storage system to store and back up client confidential information provided that the lawyer takes reasonable care to ensure that confidentiality will be maintained in a manner consistent with the lawyer’s obligations under Rule 1.6. In addition, the lawyer should stay abreast of technological advances to ensure that the storage system remains sufficiently advanced to protect the client’s information, and should monitor the changing law of privilege to ensure that storing the information online will not cause loss or waiver of any privilege.”

Rules: New York Rules of Professional Conduct 1.4, 1.6(a), 1.6(c)


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