Security and Confidentiality of Advocate-

Client Electronic Communication

Prof. Dr. Mindaugas Kiškis

Advocate, FORT Legal

Professor, Mykolas Romeris University

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

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)

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

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

Thank you!

mindaugas@kiskis.eu

http://www.kiskis.eu