During yesterday’s Hanging Out a Shingle CLE in Madison, the topic of backup came ups serveral times. While I certainly recognize the benefits, I have never really been a fan of online backup for my law firm clients. I have always been wary of not only placing but also transmitting confidential client information on the Internet.
Nerino Petro commented that this is really no different than placing critical documents in the hands of a courier or storing paper files at an offsite location. In each case, you are entrusting confidiential information in the hands of another party with the reasonable expetation of security. Both of those statements are true but I would point out that there are millions of really smart technology bad guys all over the world that are always looking for something to hack into. They would never break into your storage warehouse in West Allis, Wisconsin or mug your bicycle courier in downtown Chicago, but they may very well hack into your online backup provider just to say they did it.
Another point brought up by Nerino, that I do agree with, is the fact that most office servers are probably not all that secure. You need to make sure your server is as secure as possible. Check with your technology consultant if you are not sure.
I suppose online backup really comes down to reasonable expectations. This means you should carefully read and understand the security procedures and policies of your online backup provider. If you have a reasonable expectation that your data is secure, a court will probably agree with you if it ever comes to that.Add new tag, backup