You have a professional obligation to protect your client’s confidential information. An obligation that has taken on new dimensions in the digital age. Expanding your technological know-how will help take the fear out of digital practice and help you maintain competency (now required by Rule 1.1).
While there is still no requirement to encrypt all client communications, it nonetheless remains the best way to protect sensitive client data, and should be used in certain circumstances.
This session will demonstrate how to encrypt sensitive client data using simple and practical tips and tools. You’ll learn,
- What systems and information should be encrypted
- How to encrypt hard drives, documents, emails, and mobile devices
- Tips to make encryption easy for both attorney and client
3. RULE 1.6 CONFIDENTIALITY OF INFORMATION
▸ “(a) A lawyer shall not reveal information relating to
representation of a client unless the client gives informed
consent . . . .”
▸ “(e) A lawyer shall make reasonable efforts to prevent the
inadvertent or unauthorized disclosure of, or unauthorized
access to, information relating to the representation of a
client.”
4. INADVERTENT DISCLOSURE DEFINED
“Inadvertent disclosure includes threats like leaving a
briefcase, laptop, or smartphone in a taxi or restaurant,
sending a confidential e-mail to the wrong recipient,
producing privileged documents or data, or exposing
confidential metadata. Unauthorized access includes threats
like hackers, criminals, malware, and insider threats.”
- Encryption Made Simple for Lawyers
12. HARD DRIVES
▸ Mac
▸ http://www.lawtechnologytoday.org/2015/01/how-to-
encrypt-data-on-your-mac-in-a-few-simple-steps
▸ PC
▸ https://support.microsoft.com/
19. WORD, EXCEL, POWER POINT
▸ Microsoft Office password protection feature
▸ Mac - https://support.office.com/en-us/article/Password-
protect-a-document-3e2d1a5e-2452-4546-
b28e-06974fa21bec
▸ Windows - https://support.office.com/en-us/article/
Password-protect-a-document-8f4afc43-62f9-4a3a-
bbe1-45477d99fa68
22. PDFS
▸ Mac
▸ Print to PDF
▸ http://www.lawtechnologytoday.org/2015/01/how-to-encrypt-
data-on-your-mac-in-a-few-simple-steps/
▸ Windows
▸ Right-click on PDF > Properties > Advanced
▸ https://support.microsoft.com/en-us/instantanswers/
c5e573c5-78f0-48dd-a998-181580274cdf/how-to-encrypt-a-file
23. ENTIRE FOLDERS
▸ Mac
▸ Secure Disk Image
▸ https://support.apple.com/kb/ph5841?locale=en_US
▸ http://www.lawtechnologytoday.org/2015/01/how-to-encrypt-data-on-
your-mac-in-a-few-simple-steps/
▸ Windows
▸ Right-click on folder > Properties > Advanced
▸ https://support.microsoft.com/en-us/instantanswers/
c5e573c5-78f0-48dd-a998-181580274cdf/how-to-encrypt-a-file
25. PHONE CALLS & TEXTS
Signal by Open Whisper Systems
https://whispersystems.org
Snowden approved!
https://www.eff.org/secure-messaging-scorecard
26. SHARING DOCUMENTS
▸ Encrypt file and attach to email
▸ Call or text with encryption key
▸ Only with info the recipient would know
▸ Pre-agreed password
▸ Secure cloud storage
▸ Client portal
▸ Encrypted email
46. CLIENT-SIDE ENCRYPTION
▸ Protect your data before it leaves your computer and is
uploaded to the cloud.
▸ Only you hold the encryption key.
▸ Use with cloud-based services such as Google Drive,
Dropbox, Box, and OneDrive.