On Thursday, October 16, 2008 5:10 PM, Ben wrote:


>Can someone help point me to resources on case law discussions (or
other
>discussions) regarding companies that were deemed to show/not show
"good
>faith" in complying with their e-mail policy?  The point of the
question is
>this:  obviously we all have policies in place, but a line must have
been
>drawn somewhere regarding companies having the ability to restrict
e-mail
>forwarding, etc. 

 
I don't know if there is any "case law", but there are certainly legal
precedents (which the attorneys / judges use in arguing and deciding
cases) which indicate that consideration is given to companies who
exercise "reasonable care" in managing their records (email or
otherwise).  "Reasonable care" includes such things as:

- a records management program in place, including a records management
policy and a records retention schedule 

- evidence of expectation of compliance with records management policy
and records retention schedule (they don't really care how good the
policy or retention schedule is, but whether they are complied with)

- documented communication of records management policy, records
retention schedule, and records management program roles &
responsibilities / procedures

- documented training on same for all employees

They don't really care how we do it, but just that we do what we say we
are supposed to do -- consistently.  

I could be way off base, but that is the understanding that I have of
this issue.  Fellow members correct me if I am wrong.

Etc. etc. etc.


Sandy Tucker
Monroe, NC

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