With the introduction of the Data Privacy Act, I often get asked for the easiest way to email documents as an encrypted email.  Office 2007 has a simple, three-step process in doing so.  But first, a small discussion about passwords. 

• 1. Make your password complex and make certain it contains both characters and numbers.  Consider adding a special character as well ($, %, &, etc…)
• 2. DO NOT EMAIL THE PASSWORD, EITHER WITH THE ENCRYPTED DOCUMENT, OR EVEN IN A SEPARATE EMAIL.  A simple phone call will do the trick just fine.
• 3. Consider the recipient – make certain the recipient will not forget the password, and make certain the recipient doesn’t share the password with those who should not have it. 

In my practice, the password I use will likely be some combination of my client’s and opposing client’s name (either first, last or combination), as well as some identifying feature about the matter, such as part of the docket number, DIA Board number, year of the loss, etc… I then call either the adjuster or counsel and let them know that this will be the password to use when receiving any documents from me. 

Now, for the good stuff.  And remember, this is for use with any document in Office 2007 (Word, Excel, etc…) 

• 1. Open the document you wish to encrypt. 
• 2. Click the “Office” button at the upper left corner of the page 
• 3. Select “Prepare” 
• 4.  Click “Encrypt Document” 

• 5. The “Encrypt Document” dialog box will open, and this is where you type in your password.  After you have typed in your password, click “OK.” 

• 6. After you click “OK,” click the Office button at the top right, select “Save As,” as if you were saving any document, and save where you want the document to be saved. Just note that Office 2007 will not automatically save the document.  Once you have selected a password, it must be re-saved in order to encrypt it.

When the recipient receives the document, a box will appear requesting the recipient to enter a password to open the document.

Voila!  Pretty simple and something you can accomplish in about 30 seconds after a few attempts.You can also change the password by doing the following:

1.     Click the “Office” button, then go to “Save As”

2.     Select “Tools,” then “General Options”

3.     It will ask for the password to open, then ask you to type in the new password That’s it.  Easy and painless.  Next time we will talk Office 2003. 

I have been emailed, written, called, and conversed with ad nauseum about the Data Privacy Act and what it means to Massachusetts attorneys.  Having read, re-read, and slept with both G.L. c. 93H and 201 CMR 17.00 under my pillow, I still cannot comprehend fully why the entire Act applies to attorneys, how attorneys are to fully comply with the Act (except we need our maintenance people to sign papers by 2012), and how the OCABR would learn of a breach and enforce the Act against non-compliant attorneys.

There are many articles and blogs written about how the Act applies to attorneys and how attorneys, in turn, can comply with the Act and, should you wish to educate yourself more about the Act I suggest you start with the Massachusetts Law Office Management Assistance Program’s (“LOMAP”) “Law Practice Advisor” blog, where there are several in-depth articles written about the Act. 

However, if you are like me, a “show me” kind of person, I recommend that you attend the Data Privacy Act plenary session at the Massachusetts Bar Association’s Annual Conference on Thursday, March 11 at the Westin Copley Place. Beginning at 9:00 A.M., the topics will include “What is the Data Privacy Act?” presented by David Felper, Esq. of Bowditch and Dewey, followed by “It’s Lost – Now What?” by attorney Scott Schafer of the Office of the Attorney General, and finally “Key Tools to Prevent a Breach,” presented by Blake Martin, IT Director of Sten-Tel in Springfield.  The session will conclude with a panel discussion featuring the speakers, along with attorney Daniel C. Crane and Kurt Baumgarten, VP of Information Security at Pentus Security in East Longmeadow.  You may notice that several of the speakers are from Western Massachusetts.  That’s because this very same program was attended by close to 600 people in Springfield last month!

 Knowing the content of what will be discussed, I guarantee you that you will come out of that session understanding what you need to do to comply with the Act.

To register for the conference, click here.  Hope to see you all next week.