It’s Like Leaving the File on a “Bench in the Public Square”: Unsecured Storage Results in Waiver of Attorney-Client Privilege

Recently, a Virginia federal magistrate judge held that a party waived its attorney-client privilege when it posted unsecured, confidential information to a file-sharing website. Citing public policy reasons, the court ruled that uploading a file that was not password protected and available to anyone on the Internet to view is akin to leaving the file on a “bench in the public square.”

The dispute arose between an insurance company and it is insured when an employee of the insurance company placed the entire case file on Box, Inc., a popular file storage website.  The judge referenced the rapidly evolving technology used in sharing information and directed that a company that chooses to use a new technology is responsible for ensuring that its employees understand how the technology works, and whether the technology allows unwanted access by others to its confidential information.

To read the full opinion, click here.

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