COUNTERINTELLIGENCE PREVENTION IN THE WORK OF A LAWYER

Publication date: October 15, 2024

The lawyers of KIELTYKA GLADKOWSKI KG LEGAL are taking part in the training organized by the Commission for Training of the Bar of Attorneys in Krakow devoted to Counterintelligence Prevention. The trainers are the officers of the Internal Security Agency. Only attorneys with Polish citizenship will be able to participate in the training.

What is counterintelligence prevention?

In the era of globalization and digitalization, lawyers face new challenges related to protecting their clients’ confidential information. Both personal data and strategic commercial or legal information that lawyers have at their disposal are becoming the subject of interest not only of competitors, but also of entities conducting intelligence activities. Counterintelligence prevention, understood as a set of activities aimed at protecting against unauthorized access to information, is therefore becoming an important element of professional practice. These activities are not only intended to protect against potential threats, but also fit into the ethical obligations related to attorney-client privilege and the protection of personal data under national and international law.

Definition: Counterintelligence prevention is the activity undertaken to protect against intelligence of foreign countries or organizations, as well as against espionage activities and leakage of confidential information. In the context of the work of a lawyer, this means securing client data, legal documents, litigation strategies and other sensitive information from unauthorized access.

Challenges and Threats for Lawyers

In the context of counterintelligence prevention, lawyers must address the various forms of attacks that can threaten the protection of client data. Cyberattacks are one of the most common threats, including phishing and ransomware. These attacks can lead to the leakage of sensitive data, such as correspondence with clients. Eavesdropping and monitoring of communications are becoming a serious problem, especially in the context of remote work, where the use of inadequately secured tools can lead to the interception of confidential conversations. Data leaks can also result from physical access to equipment. Finally, business intelligence is a threat, where competitors may try to intercept information about mergers, investments or legal strategies of companies.

What is phishing and ransomware?

Phishing is a scam that involves impersonating trusted institutions or individuals in order to obtain sensitive information, such as passwords, credit card numbers, or personal data. Often, emails are used that link to fake websites that look like legitimate websites of banks or technology companies.

1. Bank impersonation email: A bank customer receives an email that appears to be from the bank, asking them to log in and confirm their details. After clicking on the link, the victim is redirected to a fake page where they enter their login details, which are then forwarded to the scammers.
2. Corporate Spear-phishing: In one high-profile case of spear-phishing, an email appearing to be from a company CEO was sent to the finance department with instructions to immediately transfer funds to an external account. The employee, believing it was a legitimate request, transferred millions of dollars.

Lawyers are exposed to a variety of forms of attacks and intelligence activities that may be aimed at gaining access to sensitive information. The most common threats include:

1. Cyberattacks – Attacks that can lead to the takeover of sensitive data are common. In this context, incidents where malware provides access to email correspondence or document management systems in law firms are particularly dangerous.
2. Wiretapping and monitoring of communications – In the era of remote work and digital communication, lawyers often use tools that are not adequately secured against potential data interception by third parties. Improper management of access to video conferences, lack of encryption of telephone communications or the use of unauthorized communication applications can lead to information leaks.
3. Industrial Business Intelligence – Particularly for lawyers dealing with business services and corporate transactions, there is a risk that confidential information about business strategies, investments or mergers will be acquired by competitors through intelligence activities.

Protective measures in the work of a lawyer

To effectively counter the above threats, lawyers should apply an integrated approach to data protection, encompassing both technical and organizational security measures.

1. Cybersecurity
   • Encryption of correspondence – Any electronic communication containing sensitive data should be appropriately encrypted. The introduction of tools that encrypt not only electronic mail, but also documents sent electronically, is the basis for protection against unauthorized access.

Message encryption

Encryption is the process of transforming information so that it is unreadable to unauthorized persons. It is a key element of protection where confidentiality and security of information are the priority. Encryption involves converting data into an encrypted form that can only be read by someone with the appropriate decryption key.

Message encryption methods:

• Symmetric encryption

In symmetric encryption, the same key is used to both encrypt and decrypt data. An example of such encryption is the AES (Advanced Encryption Standard) algorithm. It is fast, but requires the key to be securely transmitted between the sender and the recipient. It is useful in internal correspondence in a law firm, when the key can be securely transmitted between employees.

• Asymmetric encryption

In this case, two keys are used: public (for encryption) and private (for decryption). The public key can be freely shared, while the private key must be protected. The most famous algorithm is RSA (Rivest-Shamir-Adleman). The sender encrypts the message with the recipient’s public key, and only the recipient can decrypt it with their private key.

• SSL/TLS protocol (Secure Socket Layer / Transport Layer Security)

It is used to secure data transmission over the Internet, e.g. when sending e-mails or transmitting data on websites.

• S/MIME (Secure / Multipurpose Internet Mail Extensions)

S/MIME is an email encryption standard that allows both encryption and digital signing of messages, ensuring the integrity and authenticity of the sender. This method is commonly used in corporate environments and law firms.

1. Data Access Management – Multi-level data access control systems should be implemented to manage who has access to specific information and when. A key element here is the application of the principle of least privilege . privilege ”), i.e. giving employees access only to the information that is necessary to perform their tasks.
2. Protection against hacker attacks – Lawyers should use professional systems that protect against malware and ransomware attacks, which monitor network activity and respond immediately to suspicious activities. Regular software updates and the use of firewalls are other elements of effective protection.

Physical security

1. Office and document protection – Implementing strict procedures regarding physical access to the office and rooms where documents are stored is essential.
2. Controlling access to confidential materials – The use of access cards and biometric identification systems can reduce the risk of unauthorized access to confidential information.

Information management

1. Data storage, transfer and deletion procedures – Every law firm should have written data processing procedures, including rules for secure storage, transfer and destruction. It is important that documents containing sensitive data are stored only on encrypted media and, after the case is closed, properly destroyed in accordance with the law.

Staff training

1. Regular data security training is a key element of counterintelligence prevention. Office staff must be aware of threats and be able to recognize them, for example by identifying phishing attempts.

Ethical and legal aspects of counterintelligence prevention

Counterintelligence prevention is an integral part of maintaining attorney-client privilege, which is the foundation of professional ethics for every lawyer. Attorney-client privilege is not limited to the obligation to remain silent about the client’s affairs, but also includes active measures to protect his information. Failure to secure client data may lead not only to a breach of professional ethics, but also to legal liability.

From a legal perspective, it is mandatory to comply with, among others, the provisions of the GDPR (General Data Protection Regulation), which impose on data controllers (including law firms) obligations related to securing personal data. Failure to comply with these obligations may result in the imposition of financial penalties and other sanctions.

Summary

In summary, counterintelligence prevention in the work of a lawyer is not only technical means of protection against cyber threats, but also organizational activities aimed at securing client data. Compliance with the principles of prevention not only protects against the loss of sensitive data, but also against legal liability resulting from a violation of personal data protection regulations. In today’s world, when cybercrime is constantly growing, counterintelligence prevention is becoming a key element of proper legal practice, and at the same time an obligation of every lawyer.