Bloomberg Law
April 13, 2022, 6:03 PM

New York Bar Outlines Attorneys’ Duty to Protect Smartphone Data

David McAfee
David McAfee
Staff Correspondent

An attorney who stores the confidential identity of their clients on a smartphone must not consent to share contact information with an app if that information will be shared with any human, the New York State Bar Association said.

A lawyer’s contacts might include criminal representations, and an attorney is required to “make reasonable efforts” to prevent disclosure of confidential client information under Rule 1.6(c) of the New York Rules of Professional Conduct, the New York Bar said in an ethics opinion dated April 8.

“Insofar as clients’ names constitute confidential information, a lawyer must make reasonable efforts to prevent ...

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