Cross-border data sharing: implications for the legal profession in the context of government access to data and protection of legal professional privilege

Anna Drozd

Journal of Cyber Policy, 2024, vol. 9, issue 1, 52-62

Abstract: This paper will discuss the challenges to the protection of the confidential nature of lawyer-client communications that arise in the context of using cloud-based services and in cross-border data exchanges, especially regarding the acquisition and exchange of electronic evidence. Lawyers are under a strict obligation to maintain confidentiality of their communications with their clients and the increase in the use of cloud-based services raises new questions on how this obligation can be fulfilled. The paper will also discuss the tension between the need to protect information online and the legitimate public policy objectives such as investigation and prosecution of crime, as well as the need for reconciling various laws that apply to these activities and enforcing relevant safeguards.

Date: 2024
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DOI: 10.1080/23738871.2024.2424855

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