Pinned

Quebec bill grants protections and establishes new obligations to de facto unions

A new proposed Quebec legal framework for common-law couples who become parents after June 2025 will be entrusted with new rights and obligations, and benefit from some protections granted to married couples, a development viewed by family law experts as a step in the right direction. But Bill 56, aimed at providing a better safety net for children, falls short on several levels.

Other

Right to data portability in effect in Quebec

Organizations doing business in Quebec face new compliance obligations as the right to data portability came into force at the tail end of September, spelling the end of a one-year leniency period following the entry into force of Quebec’s sweeping overhaul of its privacy regime.

Supreme Court will hear Quebec’s challenge to daycare access for asylum seekers

The nation's highest court agreed to hear a challenge from the Quebec government that granted asylum seekers access to subsidized daycare spaces.

Appeal Court deems universal life insurance policy is not income from property

In a decision expected by tax pundits to set a precedent, the Quebec taxman partially lost a legal battle after the Court of Appeal held that coverage provided by a universal life insurance policy does not constitute income from property even though it is a benefit for the insured taxpayer.

In about-turn, Quebec introduces bill that imposes moratorium on certain types of evictions

Facing growing pressure, Quebec tabled a bill that would impose a three-year moratorium on certain types of evictions and increase protections for low-income senior renters.

Insurance suicide exclusion null and void, rules Quebec Appeal Court

Insurers must clearly indicate exclusions or clauses, particularly clauses dealing with suicide, that reduce coverage under an appropriate heading or risk having the exclusion clause declared null and void, ruled the Quebec Court of Appeal.

Quebec law society disbars 84 lawyers

A staggering 84 lawyers have been disbarred by the Board of Directors of the Barreau du Québec.

Class actions over COVID-19 certified against Google and Facebook

Two separate but related class actions were recently certified by Quebec Superior Court against tech behemoths Google and Meta for allegedly breaching Quebecers' freedom of expression by censoring or making content directly or indirectly related to COVID-19 unaccessible.

Law schools falls short of preparing students for practice, survey says

Law schools falls short of preparing students for practice, survey says.

McGill law professors on strike

McGill law professors, asserting that the university is negotiating in bad faith, began an unlimited strike two days ago, demanding better pay and working conditions, a halt towards the growing inclination towards centralization at the university, and the safeguarding of collegial governance at the faculty level.

Quebec looking at electronic surveillance of offenders serving conditional sentences

Nearly two years after the Quebec became the first jurisdiction in the country to introduce an electronic tracking system to thwart intimate partner violence, the provincial government is now considering the possibility of remotely following offenders serving sentences in the community.

Soccer club did not discriminate by refusing to integrate girls into a boys’ team

A Montreal soccer club did not discriminate by refusing to integrate two girls into a boys' team, ruled the Quebec Court of Appeal.

Minimizing data breaches

8 Mar 2015 / by Luis Millán

Law firms have often been described as the “soft underbelly” of cyber security or the “path of least resistance to steal sensitive client information,” as one Canadian forensic expert put it. Down south, the U.S. Federal Bureau of Investigation went so far as to warn law firms that they are not doing enough to guard against cybercrime.

Here, the situation is more of the same. “A lot of people in the legal community are coming around to cyber risk but there definitely needs to be increased awareness regarding cyber threats that law offices face,” says Kevvie Fowler, a partner and one of Canada’s leading forensic experts with KPMG LLP (Canada).

Data breaches have become expensive. American companies hit by data breaches spent an average of $5.5 million last year to cope with the after-effects, up from 9 per cent from the year before, according to a study published by Ponemon Institute, a U.S.-based research centre dedicated to privacy, data protection and information security policy. On average, it cost $201 per record lost, up from the $188 the year before, mainly because “the loss of customers following the data breach due to additional expenses required to preserve the organization’s brand and reputation,” according to the “2014 Cost of Data Breach Study: United States.”

Keeping data safe is increasingly becoming an ongoing business priority for law firms. Data security issues is a combination of four elements: people, policies, practices and technology, points out Kelly Friedman, an expert in electronic information issues with Davis LLP. Here are some tips from the experts.

It’s a management issue, not just an Information Technology (IT) issue. Technology is important: A good anti-software program is a must as is continuously updating software programs and having technological mechanism to monitor and detect unusual network behavior. But management have to be on top of things. “This has to come from the top-level of the organization,” says Fowler. “Ultimately, they are accountable.” Indeed, executives are now beginning to pay the price for data breaches. Take Gregg Steinhafel. Earlier this year, Target’s CEO resigned after the widespread data breach that saw hackers steal personal data and credit card information from millions of customers.

Create a culture of security. Astonishingly, passwords written on sticky notes posted by the computer still takes place within law firms. That’s why awareness and training are key. “Make sure that everyone understands that what we do at a law firm is confidential in the same way we train people not to talk in elevators about clients matters,” says Ryan Black, IT co-chair at McMillan LLP.

Establish a good security team. It is a misnomer to believe that the IT department can deal with security issues all on their own. “It’s simply not fair to them because that was not what they were trained to do or hired to do,” notes Friedman. Consider hiring security professionals.

Conduct a security assessment. In order to protect sensitive data, you need to have an understanding of what is considered to be sensitive data and where it resides. What’s more, a growing number of clients are demanding that law firms be up to snuff in terms of security. “Clients are asking us to commit to certain things when we submit a proposal to work for them or when they retain us as clients,” says Black.

Implement solid security policies. Finding the balance between ease of use and security is a struggle and can be daunting. There are many industry, national, and international IT security standards that have been developed to give guidance on information systems management and security. The Payment Card Industry Data Security Standard is worth considering as is the International Organization for Standardization and International Electrotechnical Commission (ISO/IEC).

Test, test, and test. The technological landscape is continuously in a state of flux. Test policies and procedures. If a solid culture of security has been implemented, then “as the new technologies arise, you can quickly adapt to it,” says Black.

This story was originally published in the magazine Canadian Lawyer.

Minimizing data breaches

Share this post:

Leave a Reply Cancel reply