[Infowarrior] - More on...comment on e-mail footers

[Richard Forno]

------ Forwarded Message
From: David K

http://www.realtime-itcompliance.com/privacy_and_compliance/2007/10/email_se
curity_and_privacy_ny.htm

>>>>

Email Security and Privacy: NY Hospital Retention Ruling Points Out
Importance of Policies and Awareness

On October 17, 2007, there was a very interesting ruling regarding a
doctor's email communications sent to an attorney and the associated
attorney privilege. In the matter of Scott v Beth Israel Med. Ctr. Inc. the
New York Supreme Court found that the doctor's email messages to his
attorneys using the hospital network were not privileged and could be
retained by the hospital even though the doctor wanted the hospital to stop
retaining his messages and delete all emails related to his communications
with his lawyers.
Some key points from the case:


<big snip>


* Every message Dr. Scott's lawyers sent to Dr. Scott's BI email address
contained the following message:

"This message is intended only for the use of the Addressee and may contain
information that is privileged and confidential. If you are not the
intended recipient, you are hereby notified that any dissemination of this
communication is strictly prohibited. If you have received this
communication in error, please erase all copies of the message and its
attachments and notify us immediately."

However, the court was not impressed by this; with regard to this they
ruled, 

"However, even the New York State Bar Association has stated, "a lawyer who
uses technology to communicate with clients must use reasonable care with
respect to such communication, and therefore must assess the risks
attendant to the use of that technology and determine if the mode of
transmission is appropriate under the circumstances.""