November 29, 2011
Apple?s Siri on iPhone 4s and Legal Privilege
by Simon Fodden ? November 29, 2011
I thought that Slaw readers might be interested in this observation by BLG partner, Norman Letalik, as a result of his recent exchange with Apple Canada?s regional counsel. (The following quotation is from an email thread in a group to which I belong and is reproduced with Norm Letalik?s permission.)
Note that I have now had a telephone conversation with Ms. Famulak, who is regional counsel for Apple Canada. She confirms that the information that is dictated on the Apple iPhone 4s using the Siri dictation feature is sent to servers that reside in the US and that Apple, its related companies and agents have access to the contents of what is dictated. She did not wish to opine on whether Apple?s ability to access dictated client communications would breach legal privilege in Ontario or elsewhere. So, the best practice would be not to use the dictation feature on an iPhone 4s for any dictated information to which you intend legal privilege to attach. Note as well that Apple?s dictation servers are located in the US, so the dictated information may also be scanned for national security purposes by the US Government pursuant to powers given to it under the Patriot Act.
In his request to Ms Famulak, Mr. Letalik noted that lawyers ?likely did not read your 364 pp user agreement document carefully enough to understand the implications of the above terms and conditions.?
The problem with privilege in this context is explained by Professor Adam Dodek, a new contributor on Slaw, in his February 2011 discussion paper for the Canadian Bar Association, ?Solicitor-Client Privilege in Canada: Challenges for the 21st Century?:
As the House of Lords has stated, the sine qua non of privilege is confidentiality: ?Unless the communication or document for which privilege is sought is a confidential one, there can be no question of legal advice privilege arising. The confidential character of the communication or document is not by itself enough to enable privilege to be claimed but is an essential requirement.? The CBA has issued ?Guidelines for Practicing Ethically with New Information Technologies,? which declares that ?Lawyers should exercise the same care to protect the confidentiality and privilege of electronic communications as is normally expected of them using any traditional form of communication.?
PDF, at p.48 (footnotes omitted)
Certain knowledge that a communication is open to others to read may ipso facto prevent the attachment of privilege.
I thought that Slaw readers might be interested in this observation by BLG partner, Norman Letalik, as a result of his recent exchange with Apple Canada?s regional counsel. (The following quotation is from an email thread in a group to which I belong and is reproduced with Norm Letalik?s permission.)
Note that I have now had a telephone conversation with Ms. Famulak, who is regional counsel for Apple Canada. She confirms that the information that is dictated on the Apple iPhone 4s using the Siri dictation feature is sent to servers that reside in the US and that Apple, its related companies and agents have access to the contents of what is dictated. She did not wish to opine on whether Apple?s ability to access dictated client communications would breach legal privilege in Ontario or elsewhere. So, the best practice would be not to use the dictation feature on an iPhone 4s for any dictated information to which you intend legal privilege to attach. Note as well that Apple?s dictation servers are located in the US, so the dictated information may also be scanned for national security purposes by the US Government pursuant to powers given to it under the Patriot Act.
In his request to Ms Famulak, Mr. Letalik noted that lawyers ?likely did not read your 364 pp user agreement document carefully enough to understand the implications of the above terms and conditions.?
The problem with privilege in this context is explained by Professor Adam Dodek, a new contributor on Slaw, in his February 2011 discussion paper for the Canadian Bar Association, ?Solicitor-Client Privilege in Canada: Challenges for the 21st Century?:
As the House of Lords has stated, the sine qua non of privilege is confidentiality: ?Unless the communication or document for which privilege is sought is a confidential one, there can be no question of legal advice privilege arising. The confidential character of the communication or document is not by itself enough to enable privilege to be claimed but is an essential requirement.? The CBA has issued ?Guidelines for Practicing Ethically with New Information Technologies,? which declares that ?Lawyers should exercise the same care to protect the confidentiality and privilege of electronic communications as is normally expected of them using any traditional form of communication.?
PDF, at p.48 (footnotes omitted)
Certain knowledge that a communication is open to others to read may ipso facto prevent the attachment of privilege.
Share: Email | Save as PDF | Print | Bookmark & Share | 
Make a comment:
Note that some comments may be moderated. If you have not had an approved comment here before, your comment will be held for approval. We are glad to publish comments that address issues raised in the post or other comments on it and that contribute to a fruitful discussion. We do not publish comments that seek to promote commercial products, that make personal attacks, or that seek personal legal advice.
Although we do not require it, we ask that in making a comment you use your full name. You must supply a valid email address, which will not appear with your comment.
the count:
7963 posts | 11015 comments
?
These summaries of selected recent cases are provided each week to Slaw by Maritime Law Book.
More information.
-
Securities Regulation - Trading in securities - Offences - Fraud
Walker, a lawyer, was a director, corporate secretary and legal counsel to Panterra Resource Corp. The British Columbia Securities Commission found that Walker had contravened the Securities Act by perpetrating a fraud on Panterra by ...
-
Family Law - Husband and wife - Multiple issues
?The Ontario Superior Court determined the family litigation issues between the parties, including the division of property, custody of the parties? two children, access, spousal and child support and the father?s claim for damages based on ...
-
Administrative Law - Judicial review - General - Governmental action
Pursuant to the Pacific Salmon Treaty with the U.S., Canada agreed to reduce its catch of chinook salmon off the west coast of Vancouver Island (Area G) by 30 percent for each of ten years, ...
-
Insurance - Regulation - General - Directors and officers of insurance companies
Great-West Life Assurance Co. was acquired by London Life Insurance Co. It was anticipated that the merger would reduce expenses and benefit the companies? participating insurance policy accounts (PAR accounts). Two class actions ...
-
Equity - Fiduciary or confidential relationships - The investment counsellor-client?relationship - What constitutes
The plaintiffs claimed that their decision to retire early was largely motivated by the impression imparted by their financial planners, two life insurance agents, that the plaintiffs? investment plan would generate a ...
-
Criminal Law - Evidence and witnesses - Admissibility and relevancy - Similar acts - When admissible?
The accused was convicted of sexual touching and sexual assault. The accused appealed. He argued that the trial judge erred by admitting similar fact evidence from an incident that ...
-
Evidence - Witnesses - Privilege - General - Public interest privilege
Kyle Cater and two others were charged with numerous firearms/weapons charges. Kyle Cater intended to bring an application to stay the proceedings for abuse of process. His counsel filed a pre-hearing brief which contained ...
-
Criminal Law - Procedure - Charge or directions - Jury or judge alone - Directions?regarding credibility of witnesses
The accused was charged with four counts of sexual assault and one count of unlawful touching of a person under 16 for a sexual purpose (counts 1 ...
-
Civil Rights - Property - Search and seizure - Unreasonable search and seizure defined?
Members of the Fredericton Police Force executed a search warrant at the accused?s residence that resulted in the laying of numerous charges. Relying upon his Charter right to be free from ...
This is a listing of a few upcoming events in Canada of interest to lawyers, law students, legal librarians, and others involved in the practice of law.
Clicking on any event in the list below will give you access to more information and to links allowing you to see the full entry and to add the event to your own calendar.
Click this link for a fuller version of the TalkLaw/ParLoi calendar of events and for instructions as to how to add events and calendars to your own calendar.
Source: http://www.slaw.ca/2011/11/29/apples-siri-on-iphone-4s-and-legal-privilege/
tampa weather pat buchanan susan sarandon susan sarandon motorola razr camille grammer camille grammer
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.