The story of North Korea allegedly hacking into Sony’s IT infrastructure and sending Sony a threatening email that led it to cancel the distribution of a new film, “The Interview,” a comedy-adventure film about two Americans who land an interview with North Korean leader Kim Jong-un, dominated the news as 2014 winded down. At the time of this writing, the United States was contemplating what action to take in response, and President Obama, who compared the Internet to the “Wild West,” called for international cooperation in forging agreements and creating agencies to police Internet conduct around the globe.
Since there has been, for the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients, with regard to e-discovery and other vendors that house firm data, and within the firms themselves, InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we begin 2015, we can be sure that the issue will only grow. With that in mind, I’d like to look at some recent changes to California’s law regarding duties that arise when a party (think here a law firm) receives data personal to another party (think typical e-discovery electronically stored information), to discuss the changes on their own merits, and to segue into a more general discussion of law firms’ obligations regarding InfoSec.
The California Law
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