While metadata is often harmless, it can potentially include sensitive, confidential, or privileged information. As such, it presents a serious concern for attorneys charged with maintaining confidentiality -- both their own and their clients. Professional responsibility committees at several bar associations around the country have weighed in on attorneys' ethical responsibilities regarding metadata, but there is no clear consensus on the major metadata issues.The page then contains information for specific jurisdictions on:
- What is the Sender's Duty When Transmitting Metadata?
- May the Recipient Review or "Mine" Metadata?
- Must the Recipient Notify Sender if Metadata is Found?