Lomas, EJ; (2017) Navigating confidentiality, legal privilege and GDPR to maintain legal records for future generations. Presented at: Legal Records at Risk: Legal records, confidentiality and access – breaking down barriers, London, United Kingdom.

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Abstract

Historically records from lawyers (solicitors and barristers) have been acquired by archives on an ad hoc basis often when a practice is in crisis or a barrister has died. The legal profession despite its understanding of compliance regimes has yet to fully engage with the benefits of employing/consulting records managers and actively managing records for future generations with the establishment of archives inhouse or in alliance with public authorities. With the impending GDPR and its requirements for clearer information frameworks now is the time to address this gap. This presentation calls on lawyers to work with records managers and archivists to better manage their records. It briefly discusses confidentiality, data protection, human rights, legal privilege, privacy and access. It recommends template contracts for deposits with archives and a best practice retention schedule charting the wide range of legal records that are generated.

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