MAINTAINING PRIVACY & DATA SECURITY IN THE VIRTUAL PRACTICE

OF LAW

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• Texting 66344 and your question to 22333

• Ask questions or make comments verbally by using the microphones provided in the session room

Questions for the Panelists?

What is the Virtual Practice of Law?

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Pros of Virtual Law Practice

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FLEXIBILITY

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ECONOMIC BENEFITS

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Challenges of Virtual Law Practice`

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Security & Backups

A. Who has access to law office data? 

B. Find and review confidentiality, privacy policy and nondisclosure statements. 

C. Law office data should remain encrypted, and should only be decrypted with the permission of the lawyer/law firm.

D. Understand how backups, maintenance and updates to the service affect the security of law office data.

1. Does the provider conduct regular security audits?

2. How often do they backup data?

3. Is there any downtime for maintenance, or for upgrades to service?

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FTC Safeguard Rule Under GLBA (16.CFR §314)

OBJECTIVES • Insure the security & confidentiality of customer

information• Protect against anticipated threats or hazards to

the security or integrity of such information; and• Protect against unauthorized access to or use of

such information that could result in substantial harm or inconvenience to any customer

•aa complete security program (16 CFR § 314.4)Questions for the panelists? Text 66344 and your question to 22333

Financial Privacy Rule

• Applicable to Financial Institutions under GLBA

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Duties of Financial Institutions

Strict duty of confidentiality with consumer’s non-public personal information

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What is non-public consumer information?

Personally Identifiable Financial Information Any information a consumer gives to a

financial institution Information about the consumer’s

transaction Or information a financial institution

otherwise obtains from a customer

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Exceptions to Duty of Confidentiality & Customer’s Right to Restrict Disclosure (15 USC §6802(e)(8)

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Exceptions

• To comply with federal, state or local laws, rules or other applicable legal requirements; or

• To comply with a properly authorized civil, criminal or regulatory investigation or subpoena or summons by federal, state or local authorities; or

• To respond to judicial process or government regulatory authorities having jurisdiction over the financial institution for examination, compliance or other purposes as authorized by law

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LOCAL COUNSEL

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LOCAL COUNSEL

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THE RELEVANT ETHICAL RULES

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The Relevant Ethical Rules (ABA Model Rules)

Rule 1.1 Competency

Rule 5.5Unauthorized Practice of Law

Rule 1Confidentiality of Information

Rule 1.4 Communication

Rule 1.7 Conflict of Interest

GLBA Data privacy and security

Rule 3.3 Candor Toward the Tribunal

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Relevant Ethical Rules

Data privacy

and security for PII

State

BAR

Lawyers

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