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<blockquote data-quote="tomBitonti" data-source="post: 6172888" data-attributes="member: 13107"><p>That seems pretty robust!</p><p></p><p>Legally, would all of that prevent you from testifying about particular data which you (your company) processed?</p><p></p><p>My layman's understanding is that confidential discussions, for example, between a lawyer and their client, or between a doctor and their patient, and, I'm thinking, between a priest and a congregant, have specific legal protections which are hard to overcome, but, one way to overcome them is for a third party to be present (who would not be considered one of the clients; I'm presuming if a lawyer had two clients in a single case, the second person doesn't count as a third party).</p><p></p><p>That is, if a lawyer speaks to a client in a secure room (no other people present, no recording devices, no remote observation), then a third party is not present and the conversation remains protected. But, if the conversation were held in the presence of a third party, say, if the client had a friend present for support, then the protection is removed. Perhaps more likely, if a lawyer or doctor had lunch (or say, golfed) with a client, and remarked on confidential matters in the presence of third parties also at the lunch. Maybe the lawyer or doctor would know better (or should), but the client might bring something up when they oughtn't.</p><p></p><p>I'm trying to figure out when a separate person becomes a third party. I imagine (but could be rather wrong, not knowing in particular), that a person on staff in a law office would not be a third party, so long as the practice maintained security practices, and that the person on staff had a practical need to access protected materials. That is, a clerk who filed a lawyers notes could not be forced to testify about those notes. (But, if a lawyer had a conversation with a client and a cleaning person were in the room, and was not made to leave, they might be considered a third party.)</p><p></p><p>Something that I wonder about in this context is what difference does an un-authorized intrusion make? If a lawyer and client have a conversation which is recorded unlawfully, does that break protections? That makes a difference in that if 75% of all emails are subject to routine scanning, and this became the everyday presumption, than every email would automatically have a third party involved, and would automatically lose protection.</p><p></p><p>Thx!</p><p></p><p>TomB</p></blockquote><p></p>
[QUOTE="tomBitonti, post: 6172888, member: 13107"] That seems pretty robust! Legally, would all of that prevent you from testifying about particular data which you (your company) processed? My layman's understanding is that confidential discussions, for example, between a lawyer and their client, or between a doctor and their patient, and, I'm thinking, between a priest and a congregant, have specific legal protections which are hard to overcome, but, one way to overcome them is for a third party to be present (who would not be considered one of the clients; I'm presuming if a lawyer had two clients in a single case, the second person doesn't count as a third party). That is, if a lawyer speaks to a client in a secure room (no other people present, no recording devices, no remote observation), then a third party is not present and the conversation remains protected. But, if the conversation were held in the presence of a third party, say, if the client had a friend present for support, then the protection is removed. Perhaps more likely, if a lawyer or doctor had lunch (or say, golfed) with a client, and remarked on confidential matters in the presence of third parties also at the lunch. Maybe the lawyer or doctor would know better (or should), but the client might bring something up when they oughtn't. I'm trying to figure out when a separate person becomes a third party. I imagine (but could be rather wrong, not knowing in particular), that a person on staff in a law office would not be a third party, so long as the practice maintained security practices, and that the person on staff had a practical need to access protected materials. That is, a clerk who filed a lawyers notes could not be forced to testify about those notes. (But, if a lawyer had a conversation with a client and a cleaning person were in the room, and was not made to leave, they might be considered a third party.) Something that I wonder about in this context is what difference does an un-authorized intrusion make? If a lawyer and client have a conversation which is recorded unlawfully, does that break protections? That makes a difference in that if 75% of all emails are subject to routine scanning, and this became the everyday presumption, than every email would automatically have a third party involved, and would automatically lose protection. Thx! TomB [/QUOTE]
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