During the final week of October and beginning of November, I attended two privacy events that were set far apart geographically and philosophically: the Data Protection Commissioners Conference in Jerusalem and the ad:tech conference in New York City. The Jerusalem event had a decidedly pro-privacy flavor, while at ad:tech businesses showcased myriad ways for monetizing personal information. Both conferences posed interesting questions about the future of privacy, but as a privacy lawyer I was more interested in learning and observing than engaging in the privacy debates. The events' apparently divergent privacy narratives made me ponder where a privacy lawyer may fit on the privacy continuum between these two great cities.
So, you thought our cloud series was over? Wishful thinking. It is time to talk about ethics. Yes, ethics. Historically, lawyers and technologists lived in different worlds. The lawyers were over here, and IT was over there. Here's the reality: Technology - whether we are talking cloud computing, ediscovery or data security generally - IS very much the business of lawyers. This post focuses on three recent documents, ranging from formal opinions to draft issue papers, issued by three very prominent Bar associations -- the American Bar Association (ABA), the New York State Bar Association (NYSBA), and the State Bar of California (CA Bar). These opinions and papers all drive home the following points: as succinctly stated by the ABA, "[l]awyers must take reasonable precautions to ensure that their clients' confidential information remains secure"; AND lawyers must keep themselves educated on changes in technology and in the law relating to technology. The question, as always, is what is "reasonable"? Also, what role should Bar associations play in providing guidelines/best practices and/or mandating compliance with particular data security rules? Technology, and lawyer use of technology, is evolving at a pace that no Bar association can hope to meet. At the end of the day, do the realities of the modern business world render moot any effort by the Bar(s) to provide guidance or impose restrictions? Read on and tell us - and the ABA - what you think.