Practice question
A lawyer uses an account to communicate about client confidences but takes no steps against unauthorized access, claiming confidentiality applies only to intentional posts. What does Section 41 require?
- No safeguards if nothing is deliberately posted
- Only a public disclaimer
- Only a promise by the opposing party
- Nothing if the account is free
- Efforts to prevent inadvertent or unauthorized disclosure or use and unauthorized account access
Legal references
- CPRA, A.M. No. 22-09-01-SC, Canon II Sections 36–44, official issued text circularized by BIR, PDF pages 11–12: https://bir-cdn.bir.gov.ph/local/pdf/RMC%20No.%20123-2023%20Annex%20A.pdf
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