Is Online Backup Feasible for Lawyers?
A Preliminary Investigation
by Roderick Ramage
I am a single handed sole practitioner working at home with no staff and one PC
and a Psion, so my needs are relatively simple. My two main concerns are
security of confidential information and backup for lost files.
(a) Security
My solution to this is to keep all my confidential files on an external hard disk
connected by a USB cable, so I can remove it when I am away and keep it in a
locked cabinet with my paper files. My present external hard disk drive is a
Freecom FHD-2 which appears on Windows Explorer as F drive. My precedents,
know-how and other law files are all on C drive so I or others can do research,
write articles etc without access to the confidential files.
(b) Back up
My gee-whiz computer friends had difficulty in advising me about back-up
because they could not understand how simple a user's requirements can be.
After failing to find any "system" that seemed to made sense, I simply backup
my files onto CDs. An incidental bonus of backing up on CDs is that I can take
my precedents and working files to another solicitor or a client's office and carry
on working.
So Why Online?
My main problem with CD backup is remembering to do it! Perhaps also, the CD
is a bit flimsy and, for lack of all one's software and personal settings, it cannot
give instant rescue in the case of a catastrophe. CDs would certainly be quite
inadequate, and their use too haphazard, for a partnership. I would like a system
that feels more substantial than CDs and so I started to look for on-line services.
The attractions of backing up my files online are, if the suppliers' claims are to
be believed, that:
* I can do so at the click (or two) of a mouse, every day,
* the data is stored off-site (how many of us actually remove our backup disks
or tapes from our office buildings?),
* the system is technically more reliable and secure than my own computer, and
* if disaster strikes I can restore my files into any computer and be back at work
without break.
Confidentiality
After reading every page of the first UK site I found
(www.backupdirect.net), it
was obvious to me that the most important feature was missing - Confidentiality.
If an online service has a greater risk of breach of confidentiality than an
in-house system, then all other features (price, technical competence, ease of
use etc) are wholly irrelevant. A breach of a solicitor's duty of confidentiality can
lead to claims for damages and discipline for professional misconduct. My initial
thoughts are that in this context there are three elements to confidentiality:
(a) Technical
The provider's computer system must be secure, both in its physical location (so
that intruders cannot remove or damage the hardware) and electronically (so
that intruders cannot hack into it to copy, delete or interfere with the data). I and
other average users, even if moderately computer literate, cannot assess
whether or not a computer system is technically safe from intrusion. Some form
of independent 3rd party certification is desirable.
(b) Contract
The provider's conditions of business must contain express obligations by the
provider to keep all data confidential and to prohibit its disclosure or migration
and to provide for, or at least not to exclude, compensation for the
consequences of breach. Indemnity insurance is desirable.
c) Personnel
No matter how good a provider's technology and contract terms, they are of little
value unless supported by the personal integrity of all of the provider's staff who
have access to the data and the hardware on which it is stored. Fidelity bonding
is desirable.
The Market
My search on Google for "online backup uk" produced only a few UK suppliers;
these included www.backupdirect.net,
www.databarracks.com and
www.fluffy.co.uk.
I looked at all the pages which seemed to be relevant and
whilst some of the sites may have the information one wants it is frequently
absent or very hard to find. There are generally no express confidentiality
provisions and in one case, the company reserves the right under the Data
Protection Act to transfer data outside the UK! Emailed enquiries get partial
answers or (worse) flippant ones.
Conclusion
For my part I do not feel that I can safely use any of these services and I must
continue to rely on my simple home made solutions. I hope that these
preliminary findings may prompt others to write about what they do or have
found elsewhere or to research more deeply.
Roderick Ramage is a sole practitioner; see www.law-office.co.uk.
email roderick.ramage@law-office.co.uk.
Note from Delia: has anyone found an online backup facility they can recommend?
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