Ethics and Cloud Computing

I came across this post regarding ethics and the use of cloud computing by attorneys.  The post is as follows:

The Massachusetts Bar Association has issued an ethics opinion concluding that lawyers may use cloud services to store and synchronize digital files containing client information, provided the lawyer takes reasonable measures to ensure that the service’s terms of use and data-privacy policies are compatible with the lawyer’s professional obligations. However, lawyers should not use cloud services for clients who expressly request that their documents not be stored online and lawyers should not store “particularly sensitive” information in the cloud without first obtaining the client’s express consent, the opinion says.

MBA Ethics Opinion 12-03 was drafted by the MBA’s Committee on Professional Ethics and approved by the association’s House of Delegates on May 17, 2012. The MBA is not the official lawyer-discipline board in the state, so its ethics opinions are advisory only.

Even so, the MBA’s opinion adds to the growing and unanimous list of lawyer-ethics panels that have concluded that lawyers may ethically use cloud applications and services, provided they take reasonable precautions to protect the confidentiality and security of the data. (See our earlier post: Two New Legal Ethics Opinions Suggest Clear Skies Ahead for Cloud Computing.)

This brings to 11 the number of states that have ruled on the ethics of cloud computing. In addition to Mass., the other opinions are:

Notably, all of these states agree that the use of cloud computing is ethical.

via Mass. Joins Other States in Ruling that Cloud Computing is Ethical for Lawyers.

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