February 14, 2019 Top Story

Client Information: Now You See Me, Now You Don’t

The “right to be forgotten” poses client data retention issues

By Stephen Carr

Law firms are not immune from the challenges posed by big data and digital technology, including dealing with the European Union’s new General Data Protection Regulation (GDPR).

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This regulation includes the so-called “right to be forgotten,” which may conflict with an attorney’s duty to preserve client information. An opinion from the Maryland State Bar Association’s Committee on Ethics provides guidance to law firms for navigating conflicting data rules and suggests steps to comply with state ethics rules while protecting client’s information and limiting exposure to data breaches.

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