Attorney Client Privilege is compromised in the digital age. What are the challenges and how can we address them.

1. Security and Confidentiality of Advocate-
Client Electronic Communication
Prof. Dr. Mindaugas Kiškis
Advocate, FORT Legal
Professor, Mykolas Romeris University

2. Premises
Security and
Confidentiality of
Advocate-Client is
essential for trust in
rule of law, legal
institutions and human
rights
Advocate-Client
Communication is now
90% Electronic

3. Modern Threats to Advocate-
Client Communication
• Wire-tapping of mobile communications
• Global data retention
• Extraordinary powers for cybersecurity
• Big data
• Search of digital devices without warrant
• Non-public backdoors to most widely used
platforms
• Lacking and lax judicial oversight of surveillance
• Involvement of third parties (IT support)

4. What can We do about it?
• Heightened Security and Confidentiality
Awareness
• IT discipline
• Use of distributed communications and
platforms
• Full encryption
• Use of open source solutions
• Sometimes less technology is better

5. What can the Bar do about it?
• More outreach on security and confidentiality
issues
• More professional warranties in the law
• Wider and more liberal regulation of
professional secrets
• Training for advocates

6. Thank you!
mindaugas@kiskis.eu
http://www.kiskis.eu