IS YOUR E-MAIL PRIVATE?

The increasing use of computers in the work place has permitted electronic mail (e-mail) to become the preferred method of communicating. E-mail is economical, fast and easy to use. Almost all large business and many homes have access to e-mail and those who ignore computer correspondence, or are slow to participate, will quickly be left behind. E-mail offers speedy and cost effective delivery and is almost always faster than any other form of business communications. E-mail is accessible wherever a computer is connected, and the forwarding of messages and sharing of information is easy.

Unfortunately many of the problems, and most of the lawsuits, that result from the use of computers in the workplace revolve around the use of e-mail. Technology has exploded and all of its problems have not been anticipated or addressed. There is virtually no security or privacy and without an encrypton program, and it should be assumed that the message can and will be read by anyone. E-mail encourages informality and creating a tendency to ignore customary business considerations and practices and include personal thoughts and opinions that would not otherwise be expressed in business correspondence. Careless use of e-mail could jeopardize sensitive information or trade secrets; may subject your company to substantial harm; may cause you to be sued at distant locations; and could potentially effect privileged communications. Claims of sexual harassment and discrimination based on the use of e-mail are increasing and employee recovery on these claims are escalating.

Employers should be alert to e-mail forgery and the increased risk of unsolicited "junk" e-mail provoked by a disgruntled employee or customer which effectively overloads

computer systems with unwanted correspondence. In a "worst case" scenario, a business could become involved in litigation with attendant new requirements for preservation of e-mail for litigation purposes and a potential seizure of computer equipment to preserve evidence. The disruption to a business could be costly and unsettling.

The most effective way to capitalize on this extraordinarily powerful business tool, without damaging the company, is to formulate and enforce an e-mail policy. Employers should establish a strong, clear, written policy that specifically defines the use of the company’s computers and e-mail systems. Once in place, the employer must be vigilant in enforcing those regulations as a lapse of supervision could be construed as consent to improper conduct. There should also be periodic training and awareness seminars to train employees in the proper use of computers and their limitations. Finally, businesses should consider installing appropriate monitoring and filtering software to prevent access to inappropriate material and to permit the targeting of offending employees.

With careful planning it is possible to limit or prevent legal liability, protect confidential information and reduce the waste of company resources. Barr, Post & Associates, LLP can assist you in drafting an e-mail policy to suit your particular needs. Please feel free to discuss this important protection with us. The potential for harm is so great that no business can afford to be without strongly written computer and e-mail use guidelines.