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Confidentiality, Privacy, and Information Security

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Law firms often represent clients on matters involving extremely sensitive, highly proprietary material. Because law firms may be perceived by cyber criminals to have weaker information security protocols than their clients, they are the more desirable targets for cybersecurity attacks. This third monograph (PDF) in ARMA’s Information Governance in the Legal Environment series provides an introduction to topics that U.S. law firm records and information governance (IG) professionals must be familiar with in order to establish IG programs that effectively protect confidential and private information, including:

  • Definitions of the terms information “confidentiality,” “privacy,” and “security”
  • Discussion of the types of law firm information that are protected by privacy and security laws and regulations
  • Discussion about the increasing pressures in the legal industry (e.g., ethical duties, federal and state regulations) to implement comprehensive information security programs
  • Specific risks in the law firm environment that increase the likelihood of a data breach
  • Solutions law firms can implement to protect their information assets (e.g., infrastructure, policies, processes, technologies)

This publication also includes eight information security policy exemplars that can be adapted by legal firms, including policies for BYOD, social media and networking, acquisition and release of client information, and acceptable use of technology.

The Information Governance in the Legal Environment Monograph Series presents advanced concepts and cutting-edge best practice guidance for law firms of all sizes and levels of information governance maturity. It is meant to complement and update portions of Records Management in the Legal Environment: A Handbook of Practice and Procedures, which continues to serve as a comprehensive introduction to legal records management work. The other monographs in this series are Ethical and Legal Foundations of Law Firm Records Management and Information Governance, and Lawyer and Matter Mobility.