Cloud computing and client-attorney privileged information

Cloud computing is not legally defined nor in national legislation or in European regulation. There are some legal provisions, for instance, Directive 95/46/CE, implemented in national legislation by Law no. 677/2001 regarding the protection of personal data of individuals, Directive 2002/58/CE implemented by Law no. 506/2004 regarding personal data and the protection of private life in electronic communication. Although there is no unity in the EU process of regulating the concept of cloud computing, several entities, institutions and authorities have elaborated guides for the cloud computing beneficiaries in order for them to make the best decision when choosing the provider of this service (for example: Guidelines On The Use Of Cloud Computing Services By Lawyers provided by the European Bar Association). The lack of regulation determines the lack of a clear definition of the concept. For better understanding the notion, we can refer to the definition provided by the US National Institute of Technology Standards (NITS): clod computing is a model that makes available, when required, the access on line to configurable resources that can be procured and delivered with minimum of effort and interaction with the service provider. Cloud computing can be public, hybrid or private in accordance with the functionality characteristics. Giving the easy access to information saved in cloud, it becomes arguable if cloud computing is compatible or not with Client-Attorney privilege provided by art. 6 of the Statute of the profession of lawyer: the Client –Attorney relationship is based on honesty, trust, loyalty and confidentiality. In accordance with the same regulation the professional secret concerns all kind of information entrusted by the client to his lawyer for legal assistance and all the drafted documents that provide privileged information. Using cloud computing services in accordance with Client – Attorney legal privilege should be subject to legal regulation. For instance, in USA, in July 2013, in 13 States of 15 States, the Bar Associations adopted legal provisions for using the cloud computing services. The Bar Associations from Maine, New Jersey and New York provided that cloud computing service provider is obliged to guarantee the confidentiality of the information.