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Recorded Webinars

Recorded Webinar: Seek and Destroy: Dealing with Data, Document Destruction And Data Breaches In An Increasingly Cyber World

Up until recently, it was considered prudent for a law firm to retain a file (physically and electronically) where there was doubt as to whether it could (or should) be destroyed. This all changed with the data breach amendments to the Privacy Act and the string of high-profile da

Date/Time

About the Webinar

Up until recently, it was considered prudent for a law firm to retain a file (physically and electronically) where there was doubt as to whether it could (or should) be destroyed. This all changed with the data breach amendments to the Privacy Act and the string of high-profile data breaches that have followed in recent years including Medibank, HWLE Ebsworth, and Ticketmaster. It is clear that in this increasingly cyber-world, the retention of electronic data of itself increases risk for family lawyers. Taking a practice management perspective, this session shall:

  • Revisit legal obligations to retain information and documents and how these may be discharged safely with regard to privacy and data breach obligations - how to identify what information you have and understand what must be retained (and if so, how to do safely)
  • Discuss risk minimisation strategies for preventing data breaches, including destruction of data as part of a risk reduction strategy and role of personal data audits
  • Consider what a modern approach to document review, culling and destruction practices and procedures looks like in an increasingly electronic world for family lawyers, with ever increasing volumes of data and information
  • Provide a best practice guide to destroying physical and electronic data - how is electronic data destroyed, what methods are available, when can data still be recovered and what obligations does the firm have to verify destruction of electronic documents outsourced to IT providers
  • Examine the issue of data and document ownership with electronic files - what belongs to the firm vs the client? How do liens work when dealing with easily copied electronic documents or information? What if a client requests their file? Or a copy of the file to facilitate an urgent transaction? When might withholding data give rise to a claim?
  • Look at the steps for dealing with a data breach - what tools should family lawyers have in your arsenal, what does a best practice response look like, what are the minimum expectations and examples of more proactive/novel approaches

Presented By

Jason Symons
Partner, Mills Oakley Sydney, NSW

Jason leads the firm’s cyber risk and insurance practice and has been a specialist cyber and financial lines insurance lawyer for 16 years.

Jason has extensive experience working with organisations, brokers and insurers, in managing cyber risk, responding to incidents, regulatory compliance and investigations, and third party disputes. His team has assisted organisations (on direct instruction or by their insurer) that have suffered large and small data breaches, business email compromises, phishing attacks, ransomware attacks, financial fraud, international breaches (working with foreign law firms) and human error incidents.

Jason acts as the incident response manager/breach coach managing the entire process and/or the legal adviser addressing an organisation’s reporting obligations, communications strategy, contractual obligations and duties owed to clients. He also advises organisations that are subject to regulatory investigation by the OAIC or third party litigation following a cyber incident or data breach.

Who Should Attend?

This webinar is suitable for lawyers practising in family law - Australia wide.

CPD Information

Lawyers can claim 1 CPD unit - Practice Management & Business Skills

WA lawyers – Please note that TEN is unable to verify your completion of recorded webinars to the Legal Practice Board of WA. TEN is an accredited provider.

While TEN takes all reasonable care to include accurate and up-to-date information regarding CPD category classifications and compliance obligations, information regarding CPD point allocation are provided as a guide only. Allocation of CPD points is subject to the CPD requirements of your jurisdiction, personal circumstances and professional requirements. You are solely responsible for determining whether a particular product is appropriate for your CPD requirements.

Enquiries/Assistance

If you need assistance or have an enquiry, please do not hesitate to contact our Webinar Coordinator, Lisa Tran on (03) 8601 7709 or email: [email protected]

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