Friday, September 21, 2007

Email and the Law - How Not to Be Fined Thousands of Pounds

Any manager responsible for corporate communication would be reckless to ignore the need to comply with current regulations, warns the website InfoSecurity. Liability concerns regarding employee communications have never been greater; lawyers are using computer records, email logs and, increasingly, instant message content, as evidence in court. Cases relate to discrimination, harassment, fraud and antitrust claims, among others.

In recent years, a telecommunications company, a retail bank, the Inland Revenue, and even a leading law firm have fallen foul of email misuse by employees. Consequently, companies are quite rightly becoming more far more cautious about putting company information in an email.

Any communication that traverses a company's network remains the property of the organisation, which is therefore responsible for it. This leaves the company open to severe penalties if a court finds it guilty of security breaches or of non-compliance with regulatory law, as well as their corporate governance policies. To minimise these risks, companies are claiming the right to monitor employees' use of email as part of the right to use the corporate network, but is email monitoring legal?

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Email evidence is one of the issues covered in the new four-day Investigating and Interviewing Skills Course, delivered by Lynx International, on behalf of ARC Training. Demand for the first course 5-8 November is high. Contact Janet to reserve your place.