Joanna Storey Authors BASF Blog Post on Lawyers' Data Breach-Related Duties
Hinshaw attorney Joanna Storey published a blog post titled "Data Breach: Breaking Down a Lawyer's Ethical Duties to Inquire and Disclose" in the Bar Association of San Francisco's (BASF's) Legal by the Bay blog. The post discusses State Bar of California Standing Committee on Professional Responsibility and Conduct Formal Opinion No. 2020-203.
Formal Opinion No. 2020-203 addresses lawyers' ethical obligations as to unauthorized access of electronically stored confidential client information in the lawyer's possession. As Storey explains, it covers:
- lawyers' duty to understand how confidential client information may be vulnerable to a breach
- a recommendation that law firms consider preparing a data breach response plan
- lawyers' duty to use "reasonable efforts" to address data breach risks
- the duty of lawyers with managerial authority to establish internal policies and procedures to protect client confidences from data breach and to provide internal training
- lawyers' duty to disclose a data breach as soon as reasonably possible
- lawyers' duty to be mindful of data breach notification requirements under data breach laws
"Data Breach: Breaking Down a Lawyer's Ethical Duties to Inquire and Disclose," was published by Legal by the Bay on January 26, 2021.