Data Loss and Cybersecurity Remain Top Priorities for Legal Profession
A massive amount of police data was lost in a City of Dallas file transfer, but then more missing data was discovered. Although in a different context, this is yet another reminder for law firms and attorneys generally to implement and revise data maintenance and reporting procedures.
In April, 35 terabytes of archived police files were to be moved from online cloud storage to a physical drive. During this transfer, 22 terabytes of data were initially lost and were only recently identified as missing. So far, approximately 8 terabytes remain missing after a recovery effort. However, during the City’s ongoing, data-deletion audit, officials discovered an additional 15 terabytes of Dallas police evidence and files from the city secretary’s office were missing. City officials are aiming to complete the audit by September 30 and they recognize that more missing evidence may be identified by then.
Among the initial data lost in April were photos, videos, audio, and case notes from criminal cases that were opened before July 28, 2020. Nevertheless, the contents, extent, and date of deletion of the missing data uncovered from the second deletion event are unclear. Due to this pattern of error, an IT city employee was recently fired.
The total loss, as reported to date, totals approximately 22.5 terabytes. To put things into perspective, this would be “the equivalent of about 7,500 hours of HD video or about 6 million photos or 150 million pages of Microsoft Word documents.” According to his memo, the City Manager will be implementing new policies, which include informing city leaders of any data compromises within two hours of their discovery, having two IT employees oversee data movement instead of one employee, and implementing a 14-day waiting period before data is permanently deleted.
From a legal ethics standpoint, it is difficult to predict the repercussions that a data deletion of this magnitude could have. However, criminal courts have begun to feel the effects of this massive data loss, as a murder suspect was already released from Dallas County Jail because prosecutors said that they needed more time to confirm that his case was not impacted. This suspect’s release is a reminder of the dangers of not having policies or contingency plans in place as set forth in the ABA’s 2018 Formal Opinion and previously discussed on the blog.
The effect on the criminal courts is likely to continue materializing because Texas state law requires prosecutors to turn over to defense lawyers all evidence against a suspect, regardless of whether the prosecution intends to use it. Furthermore, defendants who took plea deals or were found guilty could challenge their convictions if they believe their cases were among those affected by lost evidence.
As affected cases are identified, defense lawyers could file motions to dismiss cases or set aside outcomes.
To read more, click here.
