And You Thought Your E-mail Was Private

As we enter the new millennium, businesses are trying to find ways of updating their communications systems to maximize efficiency and encourage discussion amongst concerned parties so as to create more meaningful communications. Management companies, more than many other business, benefit from efficiency in communication. As a result, many management companies have created networking systems and e-mail addresses to further communication within the office, as well as with clients.

From a legal standpoint, e-mail may very well change the way evidence is produced in a good deal of court hearings. Now, more than ever, we have written proof of statements made by people, rather than verbal testimony. Undoubtedly, the written document carries more credibility.

E-mail, unlike other mail, is almost instantaneously delivered to the addressee. Likewise, little thought is generally put into the exact wording that will be used. As a result, e-mails often include comments or opinions that would not be expressed in other written documents. Often times these comments may contain defamatory comments, highly private statements, and may also include evidence which may be helpful in other court proceedings. As a result, attorneys may want to subpoena these records.

Many people are under the mistaken impression that e-mails are lost forever once the delete button is pressed. This usually is not the case. E-mails are often stored in the hard drive or in backup tapes. For example, with value-added network systems, third party services may retain backup copies of e-mail forwarded through them and may have audit trails showing when and where messages were sent. Additionally, recipients of e-mail are free to print, copy or forward the message.

Internet users should also be aware that other people may access information regarding the sites that the Internet surfer visits. Individual sites frequently install what is known as a "cookie". The cookie is a small piece of data that is placed on the user's hard disk. The cookie can be read by the site in order to gain marketing information about the people that browse its site. This accounts for a large amount of junk mail that you receive in your email inbox.

Additionally, Internet providers keep history files of the Internet browser's habits. This helps the Internet providers assist Internet browsers in finding sites that have already been visited. This is why when the browser performs a search some of the sites will be highlighted in different colors. The history files are used to inform the browser that the site has been visited previously.

California case law has held that e-mails, cookies, and history files are discoverable and admissible in court proceedings. Therefore, in theory a lawyer may make a demand to inspect these documents. Undoubtedly, the inspection will result in the private information being disseminated to the parties and their attorneys. Furthermore, the information may be used in a case proceeding and thereby made into a public record which can be viewed by the public at large.

Businesses, including property management companies, should establish written policies regarding the use of e-mail and Internet in the office. These policies should be oriented to make employees draft e-mails in a professional and businesslike manner. The policy may also state that e-mails are not private and may be reviewed by supervisors without notice. Additionally, a clear policy on internet browsing may be helpful. The internet should not be used for entertainment purposes.

As a side note, this policy will likely increase productivity and decrease employment workplace lawsuits such as harassment and discrimination by keeping employee conduct on a professional level. By stressing the lack of privacy, the company may reduce its exposure to both embarrassment, as well as liability.