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Incidents over the last few years leave little doubt that hackers are increasingly targeting law firms. The data breach of law firm Mossack Fonesca, known as the Panama Papers, last April was the largest known and highest profile. The thieves took 2.6 terabytes of data, including 2.2 million PDFs, 3 million database files and 4.8 million emails. (For more on the Panama Papers, see, “The 'Panama Papers' and You,” a two-part article in our sibling LJN newsletter, Business Crimes Bulletin.)
Yet, many law firms don't use even basic encryption. In the ABA's 2016 Legal Technology Survey, only 38% of respondents reported using file encryption, only 26% use email encryption for confidential or privileged communications and documents sent to their clients, and only 15% use drive encryption.
Encryption can play a vital role in securing data, but it needs to be considered within the context of a firm's overall IT security strategy. In the Panama Papers breach, for example, the law firm's lack of the use of encryption was only one of many other security flaws, including failure to keep software patched and log-in credentials up to date. Whether, when and how to encrypt requires a careful look at what data the firm keeps, and how much protection it needs. This article explains how encryption can be used to guard against the reputational, financial and legal damage a breach of sensitive data can cause to law firms.
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