Topic: E-mail Encryption From the Opinion: “An attorney may transmit information relating to the representation of a client by encrypted or unencrypted e-mail sent over the Internet without violating HRPC 1.6(a).” Rule: 1.6 (a) Referenced Authority: ABA Formal Ethics Op. 99-413 The full text is available at http://www.odchawaii.com…
Topic: E-mail Encryption Summary of the Committee: “A lawyer’s use of unencrypted Internet e-mail to engage in confidential communications with his or her client does not violate Massachusetts Rule of Professional Conduct 1.6(a) in usual circumstances. Legal and technical hurdles to the interception of Internet e-mail give rise to a reasonable expectation on the part of […]
The U.S.-EU Safe Harbor Framework was drafted by the U.S. Department of Commerce in consultation with the European Commission and it was approved by the EU in 2000. STRUCTURE The U.S.-EU Safe Harbor Framework is comprised of 7 Safe Harbor Privacy Principles, 15 FAQs, letters from the Federal Trade Commission and the Department of Transportation […]
Opinion No. 302 of the District of Columbia Bar’s Legal Ethics Committee Topic: E-mail Encryption, Lawyers’ Use Of Internet-Based Web Pages From the Opinion: “As we have already discussed in Opinion 281 (1998), the transmission of information from a lawyer to a client by unencrypted electronic mail will not violate Rule 1.6 unless special circumstances […]
The Report examines the 2000 survey addressing internet privacy issues in light of the four FIPPs (i) notice; (ii) choice; (iii) access; (iv) Security From the document’s conclusion: “The Commission believes that industry’s limited success in implementing fair informationpractices online, as well as ongoing consumer concerns about Internet privacy, make this the appropriate time for […]
In Canada, the PIPEDA regulates the collection, use and disclosure of personal information in the private sector. Unlike the United States there are currently limited legal requirements in existing Canadian privacy legislation requiring organizations to proactively notify individuals or appropriate regulatory bodies in an instance of data breach. The full text can be downloaded at […]
Topic: E-mail Encryption From the Opinion: “Whether e-mail communication is appropriate may depend on the setting in which the client will send and receive e-mail as well as the nature of the particular communication. Any communication with the client regarding this subject should be in plain language, as much as possible, and should discuss the various […]
Standing Committee on Ethics and Professional Responsibility Topics: Protecting the Confidentiality of Unencrypted E-Mail Summary of the Committee: “A lawyer may transmit information relating to the representation of a client by unencrypted e-mail sent over the Internet without violating the Model Rules of Professional Conduct (1998) because the mode of transmission affords a reasonable […]
Topic: E-mail Encryption From the Opinion: “[T]he attorney owes a duty to the client to advise of the risks of attorney/client communications through a technology about which many clients only have a rudimentary knowledge. This advice does not have to be technical in nature. The advice must be adequate to inform the client of the nature […]
Topic: E-mail Encryption, Attorneys’ Website Faced with the following inquiry: “May a lawyer use electronic mail services including the Internet to communicate with clients without encryption?” The Committee answered: “Yes, unless unusual circumstances require enhanced security measures.” The Committee also addressed issues related to attorney websites. Kentucky Rules of Professional Conduct: 7.10, 7.20, 7.01, 7.08 […]