Safeguarding Confidentiality in Legal Translation

Handling translation projects is a major responsibility, and one of the main obligations is to maintain confidentiality in legal translation.

Why Confidentiality Matters in Legal Translation

Confidentiality is paramount in all areas of translation, but it is particularly crucial in legal translation because of the potential for sensitive information.

Beyond Client and Business Details

In legal translation confidentiality, the scope goes beyond the protection of clients’ identities and business details. Legal translators often work with documents containing extremely sensitive data, which requires a rigorous approach to information protection.

Most of this information is not intended for public dissemination.

Examples of Confidential Legal Documents

For example, the annexes to a merger agreement may contain confidential financial data, business assets or employment contracts. Similarly, crucial information may be contained in documents provided by a company as part of legal proceedings. Take, for example, an American company operating in Quebec that is involved in litigation with its French-speaking counterpart. In this case, the company may hire a lawyer to represent it, as well as a French-to-English legal translator to translate expert reports and other documents such as transcripts of out-of-court examinations to prepare for trial. Information that is subject to attorney-client privilege is afforded similar care and protection by legal translators.

Best Practices for Ensuring Confidentiality

Here are a few tips for adopting a global approach to confidentiality in legal translation:

Verify Translator Confidentiality Practices

Companies are advised to find out about the confidentiality practices of their chosen translators. This information is often available on their website, particularly in their privacy policy. Direct communication with translation providers can also help clarify these aspects.

Secure Translators’ Workstations

Translators should take proactive steps to improve the security of their workstations. This includes regularly updating anti-virus and anti-spam software and using secure networks to uphold confidentiality in legal translation.

Reinforce Security for Remote Work

Security must be reinforced when working remotely. When translators choose to work outside their place of business, it is prudent for them to put in place additional security measures. These include using a virtual private network (VPN) for secure connections, password-protecting computers for login access and encrypting the hard drive to add layers of protection to maintain confidentiality in legal translation.

Use Non-Disclosure Agreements for Third Parties

Third parties with access to documents should take similar security measures. Additionally, establishing non-disclosure agreements with third parties is also essential to protect shared information.

Handle Physical Documents with Care

Physical documents must be handled securely. If paper documents are part of the translation process, it is advisable to work only from the translator’s designated workspace or home. Proper storage in filing cabinets or desk drawers prevents unauthorized access or theft and ensures confidentiality in legal translation.

Back Up and Shred Documents

Back-up procedures must be put in place. It is essential to back up files regularly to prevent data loss. Additionally, shredding physical copies of files that are no longer required complies with the privacy obligations of translation professionals.

A Holistic Approach to Confidentiality

Maintaining the confidentiality in legal translation requires a holistic approach that combines diligent research, sound security practices and careful handling of physical and electronic documents. By adhering to these guidelines, companies and translators can contribute to the safeguarding of sensitive information and maintain professional integrity.

To learn how encryption, compliance standards, and advanced security measures protect legal translations, read this guide on maintaining confidentiality.