Protect Legal Data from AI Ingestion in Alignment with the New Code of Practice: A Guide for UK Law Firms

The UK legal sector stands at a critical juncture in its digital transformation journey. As artificial intelligence increasingly influences legal practice, from document review to case research, law firms face the complex challenge of protecting privileged information while leveraging AI’s potential to enhance legal services. The UK Government’s new Code of Practice for AI cybersecurity arrives at a crucial moment, providing essential guidance for law firms navigating this complex landscape.

Recent data from The Law Society reveals the scale of this challenge: 72% of UK law firms now employ AI systems across their operations, with adoption expected to reach 85% by 2026. This widespread integration brings unprecedented opportunities for improving legal service delivery but also introduces new risks to client confidentiality and privileged information. The government’s new Code of Practice establishes crucial requirements for protecting these AI systems and the sensitive legal data they process.

AI Risks in Legal Services

The integration of AI in legal environments presents unique challenges that demand specific attention under the new Code of Practice. Law firms must understand these risks to implement effective protection measures while maintaining the efficiency and confidentiality of legal services.

Client Matter Data and Privileged Communications

The protection of client matter data represents one of the most sensitive areas requiring attention under the Code of Practice. Law firms must safeguard privileged communications and confidential client information while enabling AI systems to support legal work. This delicate balance requires sophisticated security measures that protect against unauthorized AI access without compromising legal service delivery.

James Wilson, Technology Director at the Bar Council, emphasizes this challenge: “Law firms must protect privileged communications while allowing AI systems to enhance legal work. The Code of Practice provides crucial guidance for achieving this balance without compromising client confidentiality.”

Legal Research and Analytics Systems

The protection of AI-powered legal research systems presents another critical challenge under the Code. As these systems increasingly influence legal strategy and decision-making, firms must implement robust security measures that protect both the AI models and the confidential information they process.

Practice Management Systems

The integration of AI into practice management systems introduces additional security considerations that the Code specifically addresses. Sarah Thompson, Head of Legal Technology at a Magic Circle firm, notes: “Practice management systems contain comprehensive client and matter data. Protecting these systems from unauthorized AI access while maintaining operational efficiency is crucial under the new Code.”

Firms must implement sophisticated controls that protect:

• Matter management data
• Billing information
• Client relationship details
• Case strategy documents
• Internal communications

Aligning with the New Code of Practice

The Code mandates a sophisticated approach to risk assessment that goes beyond traditional legal sector security evaluations. Law firms must now consider not only direct security risks but also potential vulnerabilities introduced by AI systems’ interaction with privileged and confidential information.

Dr. David Chen, Legal AI Security Advisor at the Law Society, explains: “Firms must carefully evaluate how AI systems interact with sensitive legal data. The Code’s risk assessment requirements help firms identify and address AI-specific vulnerabilities while maintaining client confidentiality.”

Guidelines for AI Cyber Security Practices

The evolving landscape of artificial intelligence necessitates robust cybersecurity measures to safeguard data integrity and privacy. These guidelines offer comprehensive strategies for implementing secure AI systems, addressing vulnerabilities, and enhancing resilience against cyber threats. Organizations must prioritize AI security to ensure reliable, responsible innovations and protect user information effectively.

By adhering to the new Code of Practice, law firms can protect their clients’ confidentiality and maintain trust in an increasingly AI-driven world. In addition, adopting key best practices will enable firms to leverage AI’s potential while safeguarding the sensitive information at the heart of legal practice.

Technical Implementation Requirements

The Code provides specific guidance for implementing security measures in legal environments. Firms must develop comprehensive security frameworks that protect sensitive client data while maintaining practice efficiency. This includes:

Sophisticated access control systems that can manage AI system permissions while maintaining strict security standards. These systems must be capable of handling complex legal workflows while preventing unauthorized access to privileged information.

Advanced monitoring capabilities that can detect potential security incidents without compromising client confidentiality. Law firms must be able to track AI system behavior while maintaining the confidentiality required for legal practice.

Training and Awareness Requirements

The Code of Practice emphasizes specialized training for legal professionals, extending beyond traditional security awareness to focus specifically on AI-related risks and protective measures.

Legal Staff Development

Law firms must develop comprehensive training programs that address the unique challenges of protecting AI systems and client data. These programs should cover both technical security measures and legal practice considerations.

Richard Harris, QC, Chair of the Bar’s IT Panel, emphasizes: “Legal professionals must understand both the potential and the risks of AI systems in legal practice. This understanding is crucial for maintaining security while leveraging AI to improve client service.”

Operational Integration

Training programs must be integrated into legal practice workflows, ensuring that security awareness becomes part of the organizational culture. This includes regular updates and refresher courses that address emerging threats and new protection requirements under the Code.

Incident Response and Recovery Planning

The Code mandates sophisticated incident response capabilities specifically designed for AI-related security events in legal settings. Firms must develop comprehensive plans that address both prevention and recovery while ensuring continuous client service.

Response Framework Development

Law firms must establish clear procedures for identifying and responding to AI-related security incidents while maintaining critical legal operations. These procedures should include:

Immediate response protocols that can be activated without disrupting client service. The response framework must balance security requirements with the need to maintain essential legal services.

Escalation procedures that ensure appropriate stakeholders are involved in incident management, including managing partner notification and regulatory reporting when required.

Monitoring and Continuous Improvement

The Code emphasizes ongoing monitoring and system enhancement. Law firms must implement sophisticated monitoring systems that provide real-time visibility into AI operations while supporting continuous security improvement and service quality.

Performance Metrics

Organizations should establish clear metrics for measuring the effectiveness of their security measures. These metrics should address both technical security requirements and operational impacts, providing a comprehensive view of security program effectiveness.

Adaptation and Enhancement

Security measures should be regularly reviewed and updated to address emerging threats and changing operational requirements. This includes:

• Regular assessment of security controls against evolving threat landscapes
• Updates to protection measures based on operational experience
• Integration of new security technologies as they become available

Next Steps

The UK’s new Code of Practice represents a crucial development in protecting legal data from unauthorized AI access. Law firms must take decisive action to implement compliant security measures while maintaining efficient legal operations and client service delivery. Essential steps include:

Immediate Actions

Law firms should begin by conducting thorough assessments of their current AI implementations and security measures. This evaluation should consider both technical requirements and impacts on legal practice operations.

Strategic Planning

Firms must develop comprehensive implementation strategies that address both immediate compliance requirements and long-term security objectives. These strategies should include clear timelines and resource allocation plans that account for legal workflow requirements.

Ongoing Management

Successful implementation requires continuous monitoring and adjustment of security measures. Law firms should establish clear processes for ongoing management and improvement of their security programs while maintaining focus on client service quality.

Implementing Kiteworks AI Data Gateway

Law firms can accelerate their compliance with the Code of Practice by leveraging Kiteworks AI Data Gateway. This comprehensive solution addresses key legal sector requirements through:

Zero-Trust AI Data Access: The platform implements rigorous zero-trust principles specifically designed for AI interactions with legal documents and client data. This aligns directly with the Code’s requirements for strict access controls and continuous verification in legal environments.

Compliant Data Retrieval: Through secure retrieval-augmented generation (RAG), law firms can safely enhance AI model performance while maintaining strict control over privileged and confidential information. This capability is particularly crucial for firms balancing AI innovation with client confidentiality requirements.

Enhanced Governance and Compliance: The platform’s robust governance framework helps law firms:

• Enforce strict data governance policies across legal AI implementations
• Maintain detailed audit logs of all AI interactions with client data
• Ensure compliance with both the Code of Practice and legal sector regulations
• Monitor and report on AI data access patterns in legal practice settings

Real-Time Protection: Comprehensive encryption and real-time access tracking provide the continuous monitoring and protection required by the Code, enabling law firms to:

• Protect privileged and confidential information throughout its lifecycle
• Track and control AI system access to legal documents
• Respond rapidly to potential security incidents
• Maintain detailed compliance documentation for regulatory requirements

Through these capabilities, Kiteworks helps law firms achieve the delicate balance between enabling AI innovation and maintaining the strict data protection standards required by the Code of Practice while ensuring continuous, high-quality legal service delivery.

With the Kiteworks Private Content Network organizations protect their sensitive content from AI risk with a zero trust approach to Generative AI. The Kiteworks AI Data Gateway offers a seamless solution for secure data access and effective data governance to minimize data breach risks and demonstrate regulatory compliance. Kiteworks provides content-defined zero trust controls, featuring least-privilege access defined at the content layer and next-gen DRM capabilities that block downloads from AI ingestion.

With an emphasis on secure data access and stringent governance, Kiteworks empowers you to leverage AI technologies while maintaining the integrity and confidentiality of your data assets.

To learn more about Kiteworks and protecting your sensitive data from AI ingestion, schedule a custom demo today.

Additional Resources

• Blog Post Zero Trust Architecture: Never Trust, Always Verify
• Video How Kiteworks Helps Advance the NSA’s Zero Trust at the Data Layer Model
• Blog Post What It Means to Extend Zero Trust to the Content Layer
• Blog Post Building Trust in Generative AI with a Zero Trust Approach
• Video Kiteworks + Forcepoint: Demonstrating Compliance and Zero Trust at the Content Layer