Encryption: Essential Best Practice or Much Ado about Nothing?
Encryption: Essential Best Practice or Much Ado
Posted on 09/16/2013 by beverlym
In a recent post, MASS LOMAP’s senior law practice management advisor Jared Correia
shared the ABCs of encryption. Whether you’re securing one document at a time or an
entire collection, be sure to check out his recommendations. Another excellent resource is
Email Encryption for Everyone by Catherine Reach.
While Oregon practitioners are not required to comply with data protection statutes,
encryption is an essential best practice when it comes to the cloud. And perhaps in a few
other contexts when the situation warrants:
Although use of electronic communications is not a per se violation of the duty of
confidentiality, special precautions may be necessary in particular circumstances. For
example, if information is particularly sensitive or subject to a confidentiality agreement, a
lawyer may need to implement special security measures. Also, if a client requests it, a
lawyer may be required to avoid, or be allowed to use, a particular type of electronic
communication notwithstanding expectations of privacy in the communication method.
Helen Hierschbiel, “Odds & Ends: Safeguarding Client Information in a Digital World,”
Oregon State Bar Bulletin [July 2010]. Also See Melody Finnemore, “The Data Dilemma:
Law Firms Strive to Strengthen E-Security as Potential Threats Continue to Rise,” Oregon
State Bar Bulletin [October 2012] and the companion sidebar by John W. Simek and
Sharon D. Nelson, “E-Security Pros Offer 15 Tips to Help Law Firms Better Protect
Fellow Oregon practice management advisor Sheila Blackford is working on an encryption
article for In Brief, the official publication of the Professional Liability Fund. Keep an eye out
in your mailbox and your inbox – the article is likely to appear late this year or in early 2014.
Originally posted at http://oregonlawpracticemanagement.com/2013/09/16/encryption-essentialbest-practice-or-much-ado-about-nothing/ on September 16, 2013. All Rights Reserved.