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Risky Business

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entire document." is only as good as the policies that support it. With weak access policies, all the technical safeguards in the world won't avoid risk. Typically, access is granted based on the relationship with the client; however, practices need to seriously consider the best model for their particular cultures and structures. Access policies should meet the goals of the law firm, as well as the needs of clients. • Anticipates Human Error: Lawyers are only human — they can inadvertently misplace things, including their handheld recorders. That is why devices should preserve security in case they fall into the wrong hands. This involves not only restricting access to the device, but also encrypting all documents housed in it. While many devices use encryption, it is important to make sure that the encryption is in real time and remains in play even when the battery is removed from the device 62 Risky Business ILTA White Paper "No single piece contains enough information to reveal the contents of the and the unit shuts down. (Some device encryption can be circumnavigated simply by removing, then replacing, the battery. Once the power is "restored," the device defaults to its original unencrypted state.) The only way to unencrypt files should be through the use of specific software designed to remove any encryption by authorized users. • Supports Secure Transmission: When using smartphone devices such as an iPhone or BlackBerry, data transfers should take place directly between the device and the firm's server. While many digital dictation systems offer direct transmission, not all ensure that the transmission process is completely secure. To be totally effective, the transmission process should involve both encryption and sending the file in small segments that must be reunited to reveal their content.

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