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limited. With the advent of digital dictation technology, however, more and more aspects of legal case documentation have become more accessible. While digital dictation technology has improved the accessibility, reliability and transportability of case information, it has also introduced several security risks. Whereas a locked drawer could easily and reliably prevent unwanted access, an electronic system has difficulty blocking access unless certain safeguards are put in place. WHAT CONSTITUTES A BREACH IN SECURITY? Information security breaches can take many forms. They can be accidental — someone misplaces a paper file, dictation cassette, digital recorder or smartphone, and someone else picks up the item and accesses its contents. Security breaches can also occur with more malicious intent. For example, a disgruntled employee can take files and information with him after being terminated. Internal breaches — ones that involve current staff — are certainly much more likely than external ones. However, both types can threaten document confidentiality and privacy. The consequences of experiencing a breach can be significant in terms of potential liability, exposure and cost. No law firm wants to tell a client that sensitive and confidential case information ended up in the wrong hands. KEY SECURITY SUSCEPTIBILITIES Much of the work pertaining to document security centers on preserving the security of documents once they have been created. Law firms often employ a digital document storage system, for instance, to securely house documents in a central location with limited access granted only to those individuals who have rights or permission. However, the key to effective security lies in considering the entire document lifecycle. Consider that roughly 85 percent of voice recordings contain documents not yet transcribed. Preserving document integrity, therefore, means not only storing documents securely, but also ensuring that they are created, transmitted and accessed in a secure manner. In some ways, focusing only on securing a finalized digital document is akin to having a safe for storing paper documents, but then leaving documents out on a desk during the day with the office door wide open. Attorneys would never think to risk confidentiality in this way; however, they are, in effect, doing exactly that if they don't pay attention to the complete document lifecycle. Without a comprehensive approach to security, holes remain in the system that can compromise its integrity. Elements of Digital Document Creation and Use Each of these elements has security risks that must be addressed in order to prevent unwanted access and to support total and complete security. document access document storage file transcription file transmission voice recording www.iltanet.org Risky Business 59