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Protecting the Data
In an era when identity theft causes millions of dollars in losses, many clients are properly expressing fears about disclosing their credit card numbers, checking account information, Social Security Numbers and other sensitive financial data during required financial disclosure proceedings. While some clients balk about disclosing personal financial data, other clients actually refuse to cooperate with even standard divorce disclosure proceedings. As practitioners, we have grown so accustomed to revealing sensitive financial information that we may inadvertently engage in disclosure without providing clients with appropriate safeguards. The enactment of federal legislation such as the Health Insurance Portability and Accountability Act (HIPAA), which strenuously regulates disclosure of medical records, provides an opportunity for matrimonial attorneys to reassess the security that we provide our own clients when it comes to disclosing sensitive financial information.
Tightening Internal Policies
To alleviate clients' fears, it is appropriate to develop internal policies about access to sensitive information and document maintenance and retention. Locking the cabinets containing client information and shredding financial documents that are not returned to clients at the end of a case are two minimal safeguards all practitioners should follow. Greater security is needed when we must protect the financial information transferred to our safekeeping by professionals like doctors, lawyers, accountants, financial planners or therapists and by business owners with confidential client lists and trade secrets.
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