*/
Confidential client information stored in the ‘cloud’ could be accessed by US authorities, the Bar Council has warned.
The IT Panel issued advice in February to help ensure practitioners do not inadvertently infringe the Data Protection Act.
It explains that a combination of the US Patriot Act and other US laws confer powers on the American security services to access personal information stored on facilities provided by US persons or companies, without the knowledge or consent of their customers.
This occurs when the information is stored on computers owned directly or indirectly by US corporations, for example: where case files, emails and accounts are stored on cloud services; where files and administrative software is hosted externally as part of chambers’ back-up or disaster recovery plan; and where chambers use other miscellaneous IT services. Such information may be inadvertently disclosed to the US authorities.
Barristers were warned to check where legally privileged and confidential information is stored, whether any company which stores professional information has US parentage, and if they could be subject to the provisions of the US Patriot Act, and to consider encrypting access to data placed on external servers.
Jacqueline Reid, Chair of the Bar Council IT Panel, said US laws confer considerable surveillance powers on US authorities.
‘Barristers routinely retain legally privileged information relating to their clients, and they should be aware that these surveillance powers can place the confidentiality and security of this highly confidential information at risk.’
Confidential client information stored in the ‘cloud’ could be accessed by US authorities, the Bar Council has warned.
The IT Panel issued advice in February to help ensure practitioners do not inadvertently infringe the Data Protection Act.
It explains that a combination of the US Patriot Act and other US laws confer powers on the American security services to access personal information stored on facilities provided by US persons or companies, without the knowledge or consent of their customers.
This occurs when the information is stored on computers owned directly or indirectly by US corporations, for example: where case files, emails and accounts are stored on cloud services; where files and administrative software is hosted externally as part of chambers’ back-up or disaster recovery plan; and where chambers use other miscellaneous IT services. Such information may be inadvertently disclosed to the US authorities.
Barristers were warned to check where legally privileged and confidential information is stored, whether any company which stores professional information has US parentage, and if they could be subject to the provisions of the US Patriot Act, and to consider encrypting access to data placed on external servers.
Jacqueline Reid, Chair of the Bar Council IT Panel, said US laws confer considerable surveillance powers on US authorities.
‘Barristers routinely retain legally privileged information relating to their clients, and they should be aware that these surveillance powers can place the confidentiality and security of this highly confidential information at risk.’
The Chair of the Bar sets out how the new government can restore the justice system
In the first of a new series, Louise Crush of Westgate Wealth considers the fundamental need for financial protection
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Possibly, but many barristers are glad he did…
Mental health charity Mind BWW has received a £500 donation from drug, alcohol and DNA testing laboratory, AlphaBiolabs as part of its Giving Back campaign
The Institute of Neurotechnology & Law is thrilled to announce its inaugural essay competition
How to navigate open source evidence in an era of deepfakes. By Professor Yvonne McDermott Rees and Professor Alexa Koenig
Brie Stevens-Hoare KC and Lyndsey de Mestre KC take a look at the difficulties women encounter during the menopause, and offer some practical tips for individuals and chambers to make things easier
Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice since January 2021, is well known for his passion for access to justice and all things digital. Perhaps less widely known is the driven personality and wanderlust that lies behind this, as Anthony Inglese CB discovers
The Chair of the Bar sets out how the new government can restore the justice system
No-one should have to live in sub-standard accommodation, says Antony Hodari Solicitors. We are tackling the problem of bad housing with a two-pronged approach and act on behalf of tenants in both the civil and criminal courts