Re: E-mail

["James W. Kilgore" <qappdsn@xxxxxxx>]

Peter Coffin wrote:
> 
> Joanie writes:
> 
> > Perhaps just a general policy statement saying that all e-mail is NOT
> > confidential and we (the hospital in my case) reserves the right to view
> > any e-mail for it's content.
> 
> This is a very complex issue, and some of the best conclusions are
> counterintuitive. One very serious risk of of annoucing a right to review
> e-mail for content is a possibility that a court may decide that this
> implies a responsibility to do so. 
<snip>

You are correct.  In my prior response I gave my gut reaction response
instead of my well thought out position.  To make a statement of
monitoring could imply review and allowance of messages, unless the
wording is debatable.  Of anything I learned in the company of lawyers
is that wording is everything.

For a company to state "may" be monitored is a world of difference from
"will/shall" be monitored.

No matter what my personal feelings are about the people who choose the
legal trade, get the best you can afford and never forget ... he who
signs the checks, calls the shots....their position, like all other
consultants, is to advise and consent.  Be as specific as you can. The
position lawyers commonly take, that the wording can be argued in court,
makes THEM money, it doesn't save you any grief.

Do some research and find a prior, well known, published, ruling and
follow suit.  The worst case scenerio could be that you would state a
prior case and judgement for a basis for your policy...which would put a
judge in the uncomfortable position of ruling contrary to past case
history.  Not to say that it doesn't happen, but a good lawyer would get
your company in front of a weak judge. ;-)

James W. Kilgore
QAPPDSN@ibm.net
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