Are You Ethically Bound to Protect Data During a Border Search? (FindLaw)
FindLaw, August 3, 2017
Are You Ethically Bound to Protect Data During a Border Search?
“Amidst the controversy over the in-depth searches of electronic devices on the border that are lawfully happening, the New York City Bar Association has chimed in with some advice for attorneys that could be subject to these border searches. The ethics opinion explains what an attorney’s ethical obligations are when it comes to a border search of their electronic devices that contain client data, or privileged information. The opinion provides some rather detailed advice, including a requirement that an attorney promptly notify any and all clients whose data or confidential information may have been disclosed as a result of a border search. The most important thing to remember as you protest the search: remain calm and polite, and take reasonable steps to protect your client’s data.“
