Client-lawyer confidentiality

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In the Netherlands, the asylum procedure is going to take place -due to COVID 19- online. Also lawyers should contact the clients through meetings organised by the government, using Skype for Bussiness.  Asylum seekers usually do not have phones, tablets or laptops that a capable of setting up our own meeting, and even if they do, the internet connection in the asylum centers is usually of very poor quality. (In an asylum center, few laptops are installed by the government to be used by the asylum seeker) The government is setting up these meetings, but they should not take part in the meeting between the lawyer and his/her client (the asylum seeker). 

As lawyers, we are  worried about client-lawyer confidentiality... can the government record our meeting, even without taking part in the meeting? Can they listen in, 'incognito' to the meeting? Does SKYPE (for Bussiness) have these options?

 

5 Replies

Hi,

 

If the meeting is setup on Skype for Business servers owned by your government, they can use third-party applications to record the meeting without you knowing about it. These applications is build for compliance reasons, not to spy on users. But I guess they are not allowed to do that. But they can also listen in to an conversation in a room or a regular phone meeting, even if they are not allow.

 

But technical it is possible for the owner of the server that the meeting is hosted on to record the meeting.

@Linus Cansby 

thank you very much for your swift reply....

This recording, can that be done using Skype, without us being able to notice?

 

I do realize that they may use any third-party applications to record the meeting on their server...

 

Is there any way we can check what server is being used? (we will also 'ask' the government, of course, but the answer might take a long time... it is still a government ;) )

@Igna_Oomen Some of these systems can be setup so they can record without notifying everyone in the call. But that is not legal in all countries (and should be) so what is technical possible and what is possible legally can be different.

 

 

Thank you very much. We have already experienced that during a private conversation, unvited 'guests' broke in in the meeting. Interpreters that were due at a later moment, could gain access in to the conversation. Strange. In Teams I always have to 'accept' people who want to join.

If uninvited guests join the meeting you should really discuss this with the hosts of the meeting. They might have to join the meeting and start it up but when it is started they should be able to leave the meeting and leave you and your client alone.