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Is Your Computer Leasing Company Responsible for Data Security?
Picture this scenario: You are the owner of a small to mid-sized business and have decided that it is in your best interest to lease your company's computer equipment. This may be because prudent financial planning dictates a lease versus buy decision; or you may want to be able to run the most current, up-to-date applications and the short time span of a computer lease allows you to do so. Whatever the case, when you make this decision, you have just assumed a very important responsibility ' one that should not be taken lightly. You have just become personally responsible for the security of your own and your clients' personal data. It is your responsibility to personally safeguard the social security numbers, banking information, healthcare data, credit information, or anything else that could lead to catastrophic consequences if found in the wrong hands.
Of course, you know it is in your best interest to protect the personal information of your customers [as well as your own business ' marketing, business development plans, proprietary information, etc.] However, the company you're leasing your computer from most likely isn't, nor has to be, as concerned as you are. While ideally the computer leasing company would employ a secure method to purge the computer of any personal information found on the hard drive when it is returned, many companies are not taking these proper measures to do so. Much to the surprise of anyone who doesn't read the terms of the lease very carefully, the language of most standard computer lease agreements would suggest that the entity leasing the computer is responsible for removing any personal or proprietary information from the hard drive ' and merely dragging and dropping in the trash can or deleting the files DOES NOT accomplish this task. As any computer expert will tell you, information that has been deleted can still be found on the machine's hard drive.
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The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
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CLE Shouldn't Be the Only Mandatory Training for Attorneys
Each stage of an attorney's career offers opportunities for a curriculum that addresses both the individual's and the firm's need to drive success.