Top tech tips
In an increasingly digital world, there are more and more things to consider in terms of keeping your clients safe
Clients are increasingly at risk of inadvertently sharing sensitive or potentially privileged information with their ex-partner via electronic devices or online. It is not surprising that many family law professionals are frequently faced with queries from clients about how they can stay safe, or the fallout from incidents after the event where data has been compromised.
On behalf of Resolution’s Innovation Group, we have therefore set out some points (it is certainly not an exhaustive list) that you may wish to consider raising with clients at the outset of any new matter. You could also include them in your introductory paperwork. Most of us are already doing this to a greater or lesser extent, but of course, discussing cyber-security with clients at the earliest opportunity is optimal.
Changing passwords
This might sound simple, but if your client and their partner regularly shared devices, the other party might be able to access accounts such as your client’s emails, social media or iCloud. This could inadvertently lead to disclosure of information that your or your client might not want them to see, such as the content of emails containing legal advice! It is therefore always a good idea to suggest that clients change any passwords during the initial meeting and consider setting up two-factor authentication if they have not done so already. They might even want to set up a new email account to use purely for communications with legal advisors. Changing passwords for all shared accounts such as for banks, online shopping and cloud services is also advisable.
Wherever possible, it is best for clients not to use shared devices with their partner. If that is not possible then they should create their own separate user profile with a unique password at a minimum, but this is not as desirable.
Social media
This area has been pervading family law cases more and more in recent years. Clients should be advised that any posts they make online could potentially be used as evidence in court, and that they should avoid posting anything that could be viewed as antagonistic about the other party, or private information about ongoing proceedings. They should be very careful about the content of any posts, consider who may be able to potentially view these, and how the posts may be perceived. Clients should also consider whether they have switched off location settings within social media, otherwise they may inadvertently be giving away their location when they post online. Similarly photographs, or being “tagged in” to posts, may reveal location.
It may be advisable for clients to review privacy settings on social media accounts, including reviewing what the other party can see, making any accounts private, and considering the access any children might have to parents’ accounts in case they feed information back to the other parent that would not ordinarily be visible on public profiles. Warn clients about posting anything publicly in the heat of a break-up, and to perhaps limit any communications privately with trusted individuals (and even then, to remain cautious about what they are sharing!).
Check for tracking devices
With developments in technology, it is worryingly easy for an individual to “track” or monitor the location of their ex-partner. Whilst it may be quite ordinary to routinely share your location with your partner, friends or family, clients might forget to review their location sharing preferences following a break-up. Particularly where there are concerns regarding coercive control, you may wish to flag this risk with clients at the outset and suggest that they check items such as handbags or vehicles for tracking devices, such as Apple air-tags. If your client has an iPhone, they should be able to search for unknown air-tags moving with them using the “find my” function on their phones. Some android phones have a similar function. Whilst fortunately less common, clients might also wish to check their electronic devices for any unusual apps or software that could be used to track their activity, including software used to monitor keystrokes and capture passwords. If in any doubt, it may be worth reaching out to a cyber-security expert (including charities such as The Cyber Helpline) who can check relevant devices for any issues. Anti-virus software should also be installed on mobile phones and tablets, as well as on the computer/laptop.
It is advisable for a professional to check the devices, but if this is not possible there are many instructional articles and videos available online. If your client has become aware, for example, that their phone battery has been draining quickly, that their data usage has increased significantly or that they are hearing any noises such as clicking when they make calls, these can be indicators that there is tracking software installed. Clients should also consider disabling applications such as “find my phone” or other applications that allow their location to be tracked. Clients may need to consider whether a tracking device has been implanted on a child’s deviceor within a child’s possessions. If a client is concerned they are being tracked, they should be very careful to consider their browsing history prior to the situation being resolved.
They should consider that any device a child has (either provided by the client or their ex-partner) could be used to track location. Are location services on? If a client syncs a device to their child’s device this may mean, for example, that pictures are automatically shared with the child from the client’s own photo roll. The client should carefully consider whether that would leave potential for their ex-partner to view photos that would be undesirable. In some cases browsing history is automatically shared. Clients should be very careful about any shared applications and not leaving themselves logged on to any private accounts that may be installed on a child’s device or an ex-partner may be able to access all the content within that application.
Review other devices
For example, some vehicles come with built-in tracking devices. Your client may wish to consider who has access to the data from any linked accounts and whether their ex-partner might be able to track their location this way. Baby monitors and doorbells may also be used in some cases to monitor individuals within the home. If there are cameras, including those within doorbells, in the family home, the client should consider changing the passwords and settings for those, so that an ex-partner does not have access to these recordings.
Other smart devices, such as speakers and apps used to control heating and lighting within the home could also be used to antagonise or control, for example with one party turning the heating off whilst the other is in the home in winter, or causing music to be played on a smart-speaker located within the home.
Notification settings may also need to be reviewed. This is particularly important if your client is vulnerable and/or at risk of harm from domestic abuse. Suggest that they research how to disable emergency alert notifications on any hidden devices, as this will differ depending on the make/model of the device.
Private information
Clients should always be advised to keep private and sensitive information secure. Can they create a secure, password-protected folder for financial documents, for example? Is there a secure cloud-based system they can use that is password protected? Clients should also be very careful to back-up important data – if there are any concerns regarding an ex-partner accessing devices and deleting potentially important data, or even physically damaging any electronic devices, it may be worth suggesting to your client during the initial meeting that they back-up/save copies of any important information on another device, just in case.
If clients are concerned about communicating securely with legal professionals, there are a number of ways we can try to manage this. Some things that can help to minimise the risk are: not leaving voicemails unless you have confirmation it is safe to do so and having a confirmed secure channel such as a work email or private email account to communicate. With the rise of AI it is possible for a voice to be replicated, so where there is real concern over communication you might consider confirming a password or secure word/information that the client has to state at the start of any conversation.