Not All Data Is the Same: Understanding Your Data Privacy Obligations in Legal Outsourcing


Legal Process Outsourcing (LPO) arrangements often involve the management of large volumes of personal information about an organization's customers or employees.

San Clemente, California (I-Newswire) September 11, 2013 - Legal Process Outsourcing (LPO) arrangements often involve the management of large volumes of personal information about an organization's customers or employees.

Often, this information includes highly sensitive information, such as financial and medical data, payroll and benefits information, and even personal social security numbers. When attorneys are exploring LPO as a way to improve the operations of their legal departments or law practices, the privacy and security of client data, as well as issues of legal privilege, must be addressed.

The Type of Legal Outsourcing and Jurisdictions Matter

The degree to which an attorney needs to be concerned with data privacy largely depends on the kind of data and information being shared with the outsourced provider. When a firm hires an LPO provider for matters involving immigration, bankruptcy, intellectual property or contracts management, steps much be taken to ensure the security of confidential client information. If the LPO has been given sensitive information such as social security numbers, dates of birth, bank account numbers, and other private data, this data has to be protected and handled in a way that minimizes the risk to the client.

Conduct Due Diligence

Both inside and outside counsel must understand the laws of the country where the data originates as well as the laws of the country where the data will be processed. It is important to fully understand the privacy laws and rules within the jurisdiction where the work is actually being performed. In the US, lawyers that outsource also need to ensure that they comply with the requirements of applicable state laws. Given the multi-jurisdictional nature of outsourcing, proper due diligence is necessary.

Questions to Ask

When hiring an LPO provider, there are several questions to ask to help ensure data security:
• What are the qualifications of the people performing the work, and what screening process did they undergo before being hired?

• Do employees sign confidentiality agreements?

• What kind of supervision and quality control procedures do you have?

• What procedures does the company use to protect the confidentiality of private data?

• What kind of physical security is provided for protecting client data from theft or misuse?

• Does the company have a system for identifying potential conflicts of interest?

• Has the company had any privacy or security breaches in the past, and, if so, what steps were taken to address them?

Vendor Contracts Are Important

Once due diligence is complete, the company or law firm must ensure that vendor contracts include proper protections such as contractual provisions related to confidentiality, appropriate use, data security, audit rights, insurance and remedies. Depending on the amount and sensitivity of the data being processed, ongoing vendor monitoring and management is also essential.

In particular, when outsourcing off-shore, it is recommend that the company develop a formal crisis plan for responding to any misappropriation of personal data.

This plan would contain an analysis of legal remedies available in the jurisdiction. It would identify both local legal resources that could be called upon quickly as well as the legal remedies in the event of a security incident or breach of contract.

Fortunately, industry studies regularly show that the leading Legal Process Outsourcing providers take security concerns seriously, and they may even have more security measures than the law firm or company. That said, it is always a best practice to review all security protocols to reduce risk and ensure compliance.






About Global Outsourcing Association of Lawyers (GOAL)

The Global Outsourcing Association of Lawyers (GOAL) is the world's first membership-based, non-poli   More..tical international organization for the legal outsourcing industry. Founded and mentored by global legal and outsourcing experts, GOAL's mission is to promote the welfare, interests, education, and professional development of all parties involved in today's legal process outsourcing (LPO) industry. GOAL has earned a global reputation among LPO leaders as the ideal platform to build and cultivate a robust global business network. From New Delhi to New York, GOAL has created a community of global lawyers and outsourcing experts designed for the exchange of ideas, guidance, training, best practices, and business development. As a world authority on LPO issues, GOAL produces and organizes collaborative, high-value events such as international conferences, webinars training and master classes, and promotes business networking opportunities to foster valuable business connections. The organization also provides educational, advisory and networking forums to buyers looking to outsource legal work.Less..

Contact Information

Global Outsourcing Association of Lawyers (GOAL)
Mark Andrews
San Clemente
California
92672
Phone : +1-562-366-4706

Published in:

Legal / Law > Business

Published On:

September 11, 2013

Print Release:

Print Release

If you have questions regarding information in this press release contact the company listed above. I-Newswire.com is a press release service and not the author of this press release.The information that is on or available through this site is for informational purposes only and speaks only as of the particular date or dates of that information. As some companies and PR Agencies submit their press releases once per week,month or quarter, make sure to check the official company website for accurate release dates as our site displays the I-Newswire.com press release distribution date only.We do not guarantee the accuracy or completeness of information on or available through this site, and we are not responsible for or omissions in that information or for actions taken in reliance on that information.


Related Releases

'Nuisance' Introductory Tenant Escapes Eviction
In a stern reminder to local authorities that even introductory tenants have rights, a council has suffered costly defeat in its legal campaign to evict an alleged nuisance tenant who had mental health problems and whose ability to read and write was

Gardere Names Five New Partners in Dallas, Houston
Scott Ellis, Jason Fulmer, Jessica Glatzer Mason, Audrey Momanaee and James Scott named as partners at the Texas law firm of Gardere Wynne Sewell.

Andrew P. Lehman, J.D., CFLA Founder, Offers Litigation Services and Mortgage Securitization Classes
Andrew P. Lehman J.D., CFLA CEO announces mortgage securitization auditor certification classes, expert witness testimony, forensic loan audits and litigation packages.

Gamm Legal Services LLC Announces 24 Customer Service
People who get into debt and need a good Bankruptcy Lawyer find it hard to find one. However, Gamm Legal Services LLC just changed that.

Court Considers Leasehold Interests In Empty Air Space
In a case which involved an interesting analysis of leasehold interests in empty air space, the High Court has stymied a developer's controversial plans to build flats above two garage blocks, many of the tenants of which objected to the proposals.