KPO - Confidentiality & Privacy

7/28/2019 KPO - Confidentiality & Privacy

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LawQuest 2007. All Rights are Reserved. DOING LPO BUSINESS IN INDIA" onApril 22th, 2007 Mumbai, India

Client Confidentiality,Privacy and Quality Control

Issues

When Providing LPO Services to Clients in the UK

and the US

By Poorvi Chothani, Esq.

Mumbai


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LPOs: Client confidentiality & Privacy

Introduction:

Legal confidentiality or attorney-client privilege is

not just confidential communication that transpiresbetween the two but much broader and includesanything that the attorney knows about the clienthe represents in terms of how a case needs to be

handled and how it should proceed.


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Deterrents

The conservative and reluctant attitude ofUS and UK companies to outsource.

Their concern of loss of attorney-clientprivilege.

The unavailability of attorney-clientprivilege to outsourced work to India


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Law Societys Solicitors Practice Rules

1990 (England & Wales)

Confidentiality and Disclosure Guidance

(Explanatory Notes to rule 16 E)

A solicitor has a fundamental duty to keep all clients

affairs confidential.

A solicitor should only share office services with otherbusinesses if confidentiality is ensured


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A solicitor can outsource work if he is satisfiedthat the provider is able to ensureconfidentiality of any information.

A solicitor should require confidentialityundertakings from the service provider

He should inform clients of any such services.


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American Bar Association (ABA)

Model Rules of Professional Conduct:

Rule 5.1

A partner in a law firm shall make reasonable effortsto ensure that the lawyers in the firm conform to theRules of Professional conduct.

A lawyer having direct supervisory authority overanother should ensure that the other lawyer conformsto the Rules of Professional conduct.


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Rule 5.3

The conduct of all non-lawyers that they employor retain is compatible with the professionalobligations of the lawyer.

Rule 6.1

A Lawyer shall not reveal information relating tothe representation of a client unless the clientgives informed consent.


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Katz v. United States

Two part test of privacy:

First, the person must have an actual

expectation of privacy.

Second, that expectation must beobjectively reasonable.


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Some US Laws

Graham-Leach-Bliley Act 1999 (GLBA) Fair Credit Reporting Act The Sarbanes-Oxley (SOX) Act Right to Financial Privacy Act The Health Insurance Portability andAccountability Act (HIPAA)

The Childrens Online Privacy Protection Act(COPPA)


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Indian Laws

Bar Council of India Rules

Indian Evidence Act 1872

The Advocates Act 1961

Information Technology Act 2000


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Safety Measures

Address data security concerns.

Protect confidential information by redacting.

Ensure security measures by providers.

Ensure stripping of meta-data & track changes.

Insist on client data to be stored on separate

storage devices.


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Ensure quality control mechanism.

Ask for creation of Chinese walls.

Sign confidential agreements with

providers.

Secure encryption of mails


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Quality Control

*********

Some Protective Measures


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Regular Security Audit

Employee Confidentiality

Data Security

Physical Security

Protection of Confidential and Personal

Information


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Conclusion

Consult professionals who deal with legal ethicsbefore setting up an LPO.

Consider your ability to comply with ethicalrequirements and obligation of supervision.

High level of legal analysis work can beexpected when confidence is gained in thesystem.


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36 Maker Tower F,

Cuffe Parade

Mumbai 400 005

Tel.: 91 22 4002 0904

Fax.: 91 22 4002 0901

Email. [email protected]

Thank You
mailto:[email protected]:[email protected]

KPO - Confidentiality & Privacy

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