Oregon allows attorneys and agents to access private social media data in certain circumstances

April 24, 2013 in Internet Use, Oregon, Social Networking by PeterK

Oregon lawyers may access publicly available information on social networking sites, can request access to non-public information if the person is not represented by counsel in the matter, and may in limited circumstances advise or supervise an agent to access non-public information under Oregon’s Covert Activity Exception (Oregon Rules of Professional Conduct 8.4(b)). See Oregon State Bar Eth. Comm. Op. 2013-189 (Feb 2013) (note there may be an issue seeing the full opinion).