Tips For Complying With ABA’s New Encryption Guidance
Law360, New York (June 16, 2017, 9:56 AM EDT) -- On May 11, 2017, the American Bar Association’s ethics committee published revised guidance regarding an attorney’s duty to protect sensitive client material in light of the high volume of recent high-profile hacks. As early as 2013, the ABA Cybersecurity Handbook emphasized that hacks and data loss are not a matter of “if,” but “when,” and the ABA recently re-examined this fact in light of an attorney’s core duties. According to the revised guidance, encryption is often necessary to protect sensitive client emails and files, and often requires a client’s informed consent should an attorney forgo such protection.
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