The Case for Requiring Data Security Provisions in Protective Orders
Because law firms handle large amounts of sensitive client information, data and money, no one should be surprised that they are a fertile target for cyber attacks. Given this landscape, protective orders that include technical and organizational safeguards for produced data can play a vital role in protecting sensitive data in litigation.
July 29, 2021 at 10:00 AM
10 minute read
Parties and counsel who receive data in litigation have an obligation to take reasonable steps to protect that data. See The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production, 19 Sedona Conf. J. 1, 179 (2018) ("[A] requesting party should take reasonable steps to secure the information they requested and received. This includes investing in appropriate physical, technical, and human security necessary to meet the obligations the requesting party inherits upon taking possession of that information.")
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