Big Data/big challenge: lawyers managing their information
Tuesday 25 July 2023
Juan Felipe Bustamante
Bustamante Fabara, Quito
juanfelipe@bustamantefabara.com
Conference report
Biennial IBA Latin American Regional Forum Conference: Technology, social media and artificial intelligence: challenges for the legal industry in the digital age
22 March 2023
Breakout session 1
Session Co-Chairs
Hernando Padilla Philippi Prietocarrizosa Ferrero DU & Uria Spa, Bogota
Miguel Tornovsky Pinheiro Neto Advogados, São Paulo; Treasurer, Latin American Regional Forum
Speakers
Nestor Camilo Martinez Beltran DLA Piper, Bogota
Maria-Leticia Ossa Daza Willkie Farr & Gallagher, New York, NY
Andres Otero Guidepost Solutions, Miami, FL
Jose Felix Zaldivar de la Rica Uria Menendez, Madrid
This session focused on the impact of data as an asset in the legal services market, discussing how the use of data analysis and Big Data has affected the market.
Data Protection
The first speaker, Co-Chair Miguel Tornovsky, emphasised the importance of protecting data and highlighted the different types of data requiring protection. These included personal data, data from work, knowledge management, and data from third-party apps, including artificial intelligence (AI). Tornovsky also mentioned the need for firms to obtain certifications, such as ISO certification, to ensure that they have all the necessary protections in place.
Andres Ossa discussed cyber security issues and breach prevention, while Nestor Martinez Beltran stressed that data protection is a priority for law firms, not only in the US, but also in other countries, such as Colombia. Confidentiality is a key driver in relationships with clients, and reputation and firm image are put at risk by cyber security and confidentiality breaches.
Jose Zaldivar De la Rica talked about GDPR and the importance of implementing data protection as a culture within an organisation. Otero stressed the need for a culture of protecting information and understanding the type of data which is sensitive and how it should be stored, handled, and used. Otero also noted that the errors are often human rather than technological and that data protection should be implemented as a culture.
The speakers also discussed the challenges of balancing data protection and confidentiality limitations with Big Data, AI, and machine learning. Issues arise when machines use client information and learn how to find it in the future. Should this be treated as confidential information? The speakers agreed that working around the legal and confidentiality limitations of Big Data is a major challenge.
Overall, the session highlighted the importance of data protection and cybersecurity in the legal sector and the need for law firms to implement best practices to mitigate risks and protect client information.
AI ethics
In addition to what was previously stated, it is important to note that AI ethics also cover issues relating to fairness and bias. One of the major concerns with AI is that it can perpetuate and even amplify existing biases in society if not designed and implemented carefully. This is particularly important in areas such as recruitment, lending, and criminal justice, where biased algorithms can have significant and far-reaching effects on people’s lives.
Furthermore, there is a growing awareness of the potential social and economic impact of AI, including job displacement, inequality, and the concentration of power in the hands of a few large technology companies. AI ethics therefore also involve examining these broader societal implications and considering how to mitigate any negative consequences.
Finally, AI ethics also encompass issues relating to data privacy and security. As AI systems rely on large amounts of data to learn and make decisions, it is important to ensure this data is collected and used in a responsible and transparent manner, with appropriate safeguards in place to protect individuals’ privacy and prevent data breaches.
Big Data and legal services
From the session, it can be concluded that the use of data analysis and Big Data has had a significant impact on the legal services market globally. As a result, law firms and other entities offering legal services must now consider incorporating data into their business strategies in order to adapt. However, the use of data also brings challenges such as protecting privacy and complying with regulations. Speakers emphasised the importance of protecting data and implementing best practices to mitigate risks and protect client information. In short, data protection and cybersecurity should be a priority for law firms in order to maintain their reputation and image, and to build trust with clients.