Magazine article Information Management

National Law Review Gives Guidance on Using Ephemeral Communications Tools

Magazine article Information Management

National Law Review Gives Guidance on Using Ephemeral Communications Tools

Article excerpt

The issue of using ephemeral communications tools in the workplace is a legally complicated one, particularly when it comes to legal holds and e-discovery. A recent article on the National Law Review's online site spells out the risks and provides guidance for maneuvering through the legal landmines.

Many organizations use instant messaging systems, and employees often send work-related texts and communicate over collaborative tools, some of which generate the automatic deletion of data.

Unless there is an "affirmative duty to preserve," organizations have no general obligation to save or store their communications, according to the authors, Adam C. Lenain and Wynter Lavier Deagle. Organizations can use technology to enable "effective, timely and consistent disposal of electronic information that no longer needs to be retained" within its information governance program. …

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