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Does Attorney-Client Privilege Extend to Penetration Testing?

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By Scott Lyon
Risk Management
February 19, 2019

The attorney-client privilege is a bedrock of jurisprudence, with communications by and between lawyer and client being protected from compelled disclosure to any third party. But in this age of high-profile data breaches and resulting technical statutes and regulations mandating that organizations adopt and implement comprehensive information security programs, is there anything akin to the attorney-client privilege that extends to cybersecurity professionals providing services such as penetration testing? If they are not retained to provide legal advice, the answer is a resounding no.

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