From Abstract of the Article: This article looks at the case law governing discovery of social media, and finds several problems. First, many courts are improperly requiring a threshold showing that relevant information exists in public portions of the user’s social media account before allowing such discovery. Second, they allow overbroad discovery…The article argues that, […]
The page describes the OECD work on privacy. From the page “Two themes run through the updated Guidelines. First is a focus on the practical implementation of privacy protection through an approach grounded in risk management. Second is the need for greater efforts to address the global dimension of privacy through improved interoperability”.
Professional Ethics of the Florida Bar Conclusion of the Opinion: “In summary, lawyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely. The lawyer should research the […]
Professional Ethics Committee Question Addressed by the Committee: “whether it is permissible under the Rules of Professional Responsibility for a lawyer to use cloud computing in the practice of law.” From the Opinion: “Lawyers may use cloud services in their practice to promote mobility, flexibility, organization and efficiency. However, lawyers must be conscientious to comply […]
By Legal Technology Resource Center of the ABA The Legal Technology Resource Center has composed a chart of ethics opinions from the several American jurisdictions dealing with cloud computing, including the standard that lawyers should follow in choosing a cloud computing service. Available at http://www.americanbar.org…
Conclusion of the Article: “New conflicts in information privacy loom ahead for the US and the EU due to the Proposed Data Protection Regulation of the EU. This document, which creates directly binding law for all EU Member States, alters the current equilibrium achieved under the Data Protection Directive of 1995. The Directive stimulated a […]
72 Maryland Law Review 335 (2013) Ohio State Public Law Working Paper 204 Abstract In its draft Data Protection Regulation, the European Union has announced a major new economic and human right – the right to data portability (‘RDP’). The basic idea of the RDP is that an individual would be able to transfer his […]
In this disability discrimination case, the defendant filed a motion to compel the plaintiff to release records from her social media accounts. Defendant’s motion to compel is limited to three categories of information: (1) postings about Plaintiff’s emotional and psychological well-being; (2) postings about Plaintiff’s physical damages; and (3) any accounts of the events alleged […]
From the ABA Section of Litigation 2013 Annual Conference Conclusion: “The message of these ethics opinions is clear: lawyers and law firms can engage third-party vendors in the cloud to store confidential information but they must do so competently with adequate supervision and implement reasonable steps to protect the confidentiality of the data. When […]
Ethics Committee Topic: Virtual Law Office, cloud computing From the Opinion: “This opinion is an examination of the ethical issues involved in a lawyer or firm’s use of a virtual law office, including cloud computing, and/or executive office suites. These issues include marketing, supervision of lawyers and nonlawyers in the firm, and competence and confidentiality when […]