Download - Confidentiality in a Wired World
Confidentiality in a Wired World
The Law Society of Upper CanadaProfessional Development & Competence
David Whelan, Manager, Legal Information • [email protected]
Competence
(c) the records, systems, or procedures of the lawyer’s professional business
Confidentiality
A lawyer at all times shall hold in strict confidence all information …
“Oops”
A lawyer shall … assume complete professional responsibility for his or her practice of law …
Shhhhh!
Related topic: Privacy obligations under PIPEDA- “information about an identifiable
individual”
- Broad, includes potential client information
- Privacy Handbook for Lawyers
COMMUNICATIONS
Watch What You Say!
… conducted what should have been a confidential conversation about pending layoffs at his firm – in a loud voice…, on a crowded Acela train.
E-mail?
Reasonable expectation of privacy
But- Easy, free: Hushmail.com,
Yousendit.com
- May depend on client, subject matter
- May be better not to send as e-mail
- Consider informing client, getting signoff on using e-mail
One of the outside lawyers …had mistakenly e-mailed confidential information on the talks to Times reporter Alex Berenson instead of Bradford Berenson, her co-counsel…
Who is Your Audience?
E-mail Recipients- Address the e-mail last
- Verify the recipients
Is client’s e-mail private?- Web-based e-mail, not employer’s
- See ABA Formal Opinion 11-459 (8/2011)
Social Media (Twitter, Facebook)
SECURE YOUR TECHNOLOGY
Passwords and Encryption
mxyzptlk
Strong Passwords, Written Down
8 or more characters
UPPER, lower, $peci&l
Balance obscure with memorable- terms of art becomes t3rm$0f&rt
Test it: passwordmeter.com
Store it somewhere safe and secure
Your data
Encryption layerEncrypted
Your data
Encryption layerDecrypted
Once decrypted, your data is accessible until re-encrypted
Encryption at rest
Encryption at rest
Web search for endpoint encryption
iPhone 4+: built-in
Blackberry: built-in
Android 3: built-in
Windows: add-on
Truecrypt.org (free)
McAfee.com (McAfee Anti-Theft)
TrendMicro.com (Endpoint Encryption)
CheckPoint.com (Full Disk Encryption)
Symantec.com (PGP Whole Disk Encryption)
Windows Vista/7 Bitlocker
Mac OS File Vault
Encryption in motion
When you transmit or receive …- Password: https://mybank.com
- Search: https://www.google.com/
- Files: https://www.dropbox.com/
Firefox: HTTPS Everywhere add-on- Defaults over 200 sites to https://
Encryption in motion
Cloud Computing
Software-as-a-Service- Use SSL (https://) for connections
- Content should be encrypted at rest
SECURE YOUR DEVICE
You Better Take It With You
Physical Security
Physical Security
Your locks should reflect your duty- Household locks weaker than commercial
- File cabinets, shed/garage doors weak
Use them- No doors propped open
- Keep servers, important tech in locked, well-ventilated room
Everything is Portable
Secure ALL Your Computers
Value is in the case, not the data
Your risk is in data
Creature of Habit
Get into habits of handling devices- Put wireless phone, tablet in regular place
- Easy to check, notice it’s missing
Secure devices with password
Add remote control, wipe apps- Delete device content remotely
- Locate where device is
Conclusion
Watch your communications, what, how, and where
Secure entry with passwords, locks
Protect data with encryption at rest, in motion
