Joanna Storey Authors Article Distinguishing Lawyers' Responsibilities as to Data Privacy Protection vs. Client Confidentiality or Privilege
Hinshaw attorney Joanna Storey authored an article titled, "Lawyers Beware: How Data Privacy Protections Differ from Privilege and Confidentiality." Published in the American Bar Association's (ABA's) Practice Points newsletter, the piece explains the differences between data privacy protections and client confidentiality or privilege, and how and when lawyers might be subject to data privacy laws such as the California Consumer Privacy Act.
Storey cautions that, ". . . lawyers should understand that protecting consumer privacy is not the same as maintaining client confidentiality or privilege. This point is significant because lawyers cannot assume that their standard approach is enough to lawfully protect consumer privacy." She adds, ". . . lawyers must understand that it is no longer enough to just protect client confidences and privilege; they should also review data privacy laws applicable to their practice."
"Lawyers Beware: How Data Privacy Protections Differ from Privilege and Confidentiality," was published by the ABA on December 21, 2020.