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Business e-mail is increasingly being
subpoenaed for legal evidence in the US and companies that fail
to manage and protect e-mail archives are opening themselves up
to legal liability.
E-mail is playing an increasingly common role
in US workplace lawsuits and regulatory investigations. A primary
source of evidence in high-profile discrimination, sexual harassment,
and antitrust claims, e-mail is regularly used to bolster cases,
embarrass organisations, and damage reputations. A new survey conducted
by the American Management Association, The ePolicy Institute, and
Clearswift, of 1,100 US companies reveals that 14 percent of respondents
have been ordered by a court or regulatory body to produce employee
e-mail, up from 9 percent just two years ago.
In spite of growing scrutiny from courts and
regulators, most employers seem to be doing a poor job of managing
e-mail business records and preparing for the likelihood of e-mail
discovery. Only 34 percent of employers have a written e-mail retention
and deletion policy in place today. That's the same figure reported
in 2001, 12 months before five Wall Street brokerages were fined
$8.3 million for failing to retain e-mail. When it comes to strategically
managing e-mail business risks and reducing legal liability, business
has been slow to learn its lessons.
"Most employers drop the ball when it
comes to educating employees about e-mail risks, rules, and responsibilities,"
says Nancy Flynn, executive director of The ePolicy Institute. "While
75 percent of organisations have written e-mail policies in place,
only 48 percent offer e-policy education to employees, and merely
27 percent offer e-mail retention/deletion training." says
Flynn.
While 90 percent of employers have installed
software to monitor incoming and outgoing e-mail, only 19 percent
are using technology to monitor internal e-mail among employees.
"Management's failure to check internal e-mail is a potentially
costly oversight. Off-the-cuff, casual e-mail conversations among
employees are exactly the type of messages that tend to trigger
lawsuits, arm prosecutors with damaging evidence, and provide the
media with embarrassing real-life disaster stories. The fact that
90 percent of respondents send and receive personal e-mail at work
and 66 percent of companies lack a policy for deleting nonessential
messages, compounds the problem," says Flynn.
Over three-quarters (76 percent) of respondents
say that they have lost time in the last year due to e-mail system
problems, with 35 percent estimating half a day lost, and 24 percent
reporting more than two days lost. Among the workplace problems
e-mail has caused: disabled computer systems (38 percent), business
interruptions (34 percent), and computer viruses (33 percent). Five
percent of 2003 respondents report business has been interrupted
as the result of e-mail-related lawsuits.
Eighty-six percent of respondents agree e-mail
has made them more efficient, in spite of the fact that 92 percent
receive spam mail at work. Fully 47 percent say spam constitutes
more than 10 percent of all their e-mail; 7 percent report spam
represents over 50 percent of all e-mail received.
www.ePolicyInstitute.com

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