Mind Your Metadata: Ethics Rules On Hidden Data

Law360, New York (January 11, 2017, 9:40 PM EST) -- Slowly but surely, state ethics committees are addressing the rules and responsibilities around an often overlooked risk to client confidentiality — document metadata.

As most lawyers know — or should know — every electronic document, spreadsheet, photo and email carries a wealth of underlying information that defines who created it, when, and on what device, along with a variety of other data not automatically presented to a viewer.

Depending on the file, metadata may be an incomprehensible jumble of computer code, but it may also spell out the name of every person who ever touched a document and when, to name...

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