![]() The method used to systematically scramble the ordinary data is called an “ encryption algorithm” or “cipher.” ![]() The common thread in the various encryption techniques is that ordinary writings or other information are systematically scrambled into what appears to be unintelligible gibberish. Ancient Egyptian, Hebrew, Greek, Chinese, Roman, and Arabic civilizations used various forms of encryption to send private messages and secure trade secrets, among other things. Encryption converts readable text, documents, or other data into unreadable, scrambled code.Įncryption in its basic form is a concept that has been in use for thousands of years. Generally, encryption can be thought of as a way to translate documents and other data into a language that only you know. Likewise, storing data on a local computer or server requires different precautions than storing data in the cloud with a service like DropBox or OneDrive. For example, communicating by email raises different security concerns than communicating through a private chat feature on a website. These rules also require “lawyers to not only keep abreast of the law but technology, as well.”įor example, ABA Formal Opinion 477R recommends that “ lawyer should understand how their firm’s electronic communications are created, where client data resides, and what avenues exist to access that information.” The ABA’s Formal Opinion goes on to say that “awyers must, on a case-by-case basis, constantly analyze how they communicate electronically about client matters.”ĭifferent communication methods pose different threats. These ethical rules essentially require that attorneys exercise “reasonable efforts” to prevent “inadvertent or unauthorized” disclosure and access to client information. Similarly, Opinion 12-3 of Professional Ethics of the Florida Bar states, “awyers may use cloud computing if they take reasonable precautions to ensure that confidentiality of client information is maintained, that the service provider maintains adequate security, and that the lawyer has adequate access to the information stored remotely,” and “he lawyer should research the service provider to be used.” ![]() If law firms do not secure their client communications and other data, they could violate the attorney-client privilege, lose clients, be subject to malpractice actions, damage their reputation, and possibly also lose their license to practice law.įrom the ethics perspective, four rules generally govern the lawyer’s obligation to secure client data: “ABA Model Rule 1.1, which deals with competence Rule 1.4, which involves communications Rule 1.6, which covers the duty of confidentiality and rules 5.1 through 5.3, which focus on lawyer and nonlawyer associations.”įor example, if California attorneys fail to take the proper precautions to protect client data, they violate their duties of confidentiality and competence. Lawyers are obligated to protect the confidentiality of their clients’ data, and law firms have to pay closer attention to confidentiality than the average business. Why Does a Lawyer Need to Know About Data Encryption? Even if your firm does not store any data in the cloud, what do you do if a desktop or laptop computer gets stolen or compromised?īy implementing and enforcing an appropriate encryption policy at your law firm, you can help reduce risk and avoid a costly-or even devastating-exposure of your clients’ confidential information. Many law firms use a variety of cloud-based law practice management software to draft or store documents, record or process their bills, or conduct any other professional activities.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |