Data security is an important issue for law firms and legal practices in the state of Georgia. The State Bar of Georgia requires its members to take all reasonable steps to protect confidential client information from unauthorized use or disclosure. In addition, the U.S. Bar Association has established rules that law firms must abide by when protecting client data.
This guide will outline both the State Bar of Georgia and the U.S. Bar Association’s requirements for data security and what your firm should do if it experiences a data breach.
Law Firms Must Handle Data with Care
While there is no official, single data protection legislation in the U.S., organizations, states and federal agencies create hundreds of laws to protect confidential information.
These rules and regulations all require that law firms must handle all client data with the utmost care and security. Doing this will ensure that clients’ information is kept safe from any unauthorized access or accidental data loss.
Law firms must also be prepared to face potential legal actions if they fail to adequately protect their clients’ data. In the state of Georgia, individuals who suffer damages resulting from a data breach must follow the Georgia Security Breach Notification Law.
Follow Regulations When Handling a Client’s Data
Law firms and legal practices should pay attention to these regulations when handling a client’s data, as failure to comply could lead to financial penalties or other sanctions. To stay compliant and avoid a data breach, follow these guidelines:
- Implement appropriate security measures (e.g., firewalls, encryption, access control, etc.).
- Develop an incident response plan.
- Train staff on data security procedures.
- Monitor systems for suspicious activity regularly.
What to Do When You Experience a Data Breach
If a law firm experiences a data breach, the U.S. Bar Association and the G.A. Bar Association require that firms must follow the guidelines found in the SANS Incident Handler’s Handbook.
1. Preparation
Organizations must create an Incident Response Team (IRT) that is prepared to handle the data incident. The IRT requires policies that explain the incident response process, outline the roles and responsibilities of team members, and provide an acceptable timeline for responding to data breaches.
2. Identification
The team must assess the scope of the breach and identify how data was accessed or stolen. If any confidential information was accessed, the IRT must implement the incident response plan.
3. Containment
The IRT must then contain the breach by identifying its scope and moving quickly to prevent any further damage or loss of data. This should include disabling affected systems, implementing new security controls, and disabling any unauthorized access.
4. Eradication
Once the breach has been contained, organizations must take steps to eradicate any malware or malicious software from the system.
5. Recovery
The IRT must then restore any affected systems and data to their original state before the breach occurred.
6. Lessons Learned
Finally, organizations should review their incident response plan and make any necessary changes. This is an important step to ensure that similar breaches do not occur in the future.
Tips for Creating an Incident Response Plan
Creating an incident response plan is essential for law firms and legal practices. Here are some tips that can help when creating a plan:
1. Use automated tools to detect and monitor threats.
2. Ensure the team is trained on security protocols.
3. Implement processes for responding quickly to potential incidents.
4. Have a communication plan in place.
5. Document everything during the incident response process.
When Should You Notify Affected Individuals?
The American Bar Association Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 483 which states that “an obligation exists for a lawyer to communicate with current clients about a data breach” on the condition that “material client confidential information is misappropriated, destroyed or otherwise compromised, or where a lawyer’s ability to perform the legal services for which the lawyer is hired is significantly impaired by the episode.”
In other words, if a law firm or legal practice experiences a data breach that results in the access or theft of confidential client information, they must inform affected individuals in a timely manner.
Secure Your Firm’s Data with Noftek
Data security is critical for any law firm or legal practice. At Noftek, we are committed to helping firms in the state of Georgia secure their data and comply with guidelines from the U.S. Bar Association and the State Bar of Georgia. We provide a wide range of security solutions, from encryption to firewalls, access control systems to multi-factor authentication, and more.
Our expert team can help you develop a tailored security plan that meets legal requirements. Schedule a consultation with our experts today to learn how you can secure your data.