By Division of Corporation Finance Securities and Exchange Commission “Summary: This guidance provides the Division of Corporation Finance’s views regarding disclosure obligations relating to cybersecurity risks and cyber incidents.” The full text is available at http://www.sec.gov… Open pdf
From the article: The basic obligation of lawyers with regard to confidential client information is clear: lawyers must take reasonable steps to protect the confidentiality of such information. South Carolina Rule of Professional Conduct (SCRPC) 1.6, comment 18 states: “When transmitting a communication that includes information relating to the representation of a client, the lawyer must take reasonable precautions […]
Committee on Ethics and Practice Guidelines – Opinion 11-01 Topics: “Use of Software as a Service – Cloud Computing” “Whether a lawyer or law firm may utilize what is known as ‘software as a service’ commonly referred to as ‘SaaS’” From the opinion: “We believe… [Rule 32:1.6 [Comment 17] ] establishes a reasonable and flexible approach […]
The article discusses the importance of a lawyer having detailed knowledge of cloud computing services available to and used by the lawyer, specific features and practices that a lawyer should understand, and the ethical implications. From the Article: “Once you’ve determined how your cloud computing provider will deliver services to your firm, you must […]
The research investigates “the feasibility of combining publicly available online social network data with off‐the‐shelf face recognition technology for the purpose of large‐scale, automated, peer‐based 1. individual re‐identification, online and offline 2. “accretion” and linkage of online, potentially sensitive, data to someone’s face in the offline world” The full text is available at: http://www.heinz.cmu…
In this case employment discrimination case Defendant (Ferrellgas) filed a motion to compel Plaintiff (Held) to produce data from Plaintiff’s Facebook account. Plaintiff objected, stating that the information is “irrelevant, confidential and private”. The court granted Defendant’s motion to compel discovery as it appears that Defendant is attempting to mitigate Plaintiff’s privacy concerns by allowing […]
From the Opinion’s summary The Opinion provides a thorough analysis of the concept of consent as currently used in the Data Protection Directive and in the e-Privacy Directive. Drawing on the experience of the members of the Article 29 Working Party, the Opinion provides numerous examples of valid and invalid consent, focusing on its key […]
Committee on Professional Ethics Topic: Lawyer Investigation of Juror Internet and Social Networking Postings during Conduct of Trial Digest of the Committee: “It is proper and ethical under RPC 3.5 for a lawyer to undertake a pretrial search of a prospective juror’s social networking site, provided that there is no contact or communication with the […]
Author describes European case law and trends discussing the right to be forgotten. The full text is available at: http://www.technologyreview…
From the Article: “The bottom line is that lawyers can use cloud computing without encrypting the files before storing them in the cloud. That being said, the determination of whether to upload unencrypted client data into the cloud will vary from one law practice to another and is contingent upon the type of data that […]