I have seen some doozy signature files in my time. Some time ago I even posted about this job title from hell.
Today, via the same discussion list (that shall remain unnamed), came this whopper of a disclaimer. Imagine attaching this to the bottom of every single email you write!
“This e-mail and any files transmitted with it are confidential. If you are not the intended recipient, any reading, printing, storage, disclosure, copying or any other action taken in respect of this e-mail is prohibited and may be unlawful. If you are not the intended recipient, please notify the sender immediately by using the reply function and then permanently delete what you have received.
Incoming and outgoing e-mail messages are routinely monitored for compliance with [XYZ] County Council’s policy on the use of electronic communications. The contents of e-mails may have to be disclosed to a request under the [XYZ] Act.
The views expressed by the author may not necessarily reflect the views or policies of the [XYZ] County Council.
Attachments to e-mail messages may contain viruses that may damage your system. Whilst [XYZ] County Council has taken every reasonable precaution to minimise this risk, we cannot accept any liability for any damage which you sustain as a result of these factors. You are advised to carry out your own virus checks before opening any attachment.”
Good grief. How lame is that?
For those of you wondering about the validity of such disclaimers, here is my take:
For businesses and institutions in Ontario, there is no statutory obligation to include them. But they make sense for lawyers since, from a legal standpoint, it is good to underscore the point that “privileged” info remains privileged even if it gets accidentally disseminated.
I can think of one con and one pro for using such disclaimers and you should weigh these and decide which means more for you:
Con: it doesn’t reduce risk. If the e-mail or fax gets into the wrong hands and it contains the personal information of another individual then it is a breach, regardless of the confidentiality notice. In a way, the notice merely draws attention to the weakness in the security of, and lack of diligence on the sender’s part in, sending information in these ways. So in that sense, it doesn’t reduce risk.
Pro: reminds all parties of confidentiality, even if this is not binding. In addition to alerting the recipient that the info may be sensitive, it also reminds the staff sending the email (i.e. internally) that they are dealing with potentially confidential information. That could help raise awareness and may even cause them to pause and re-check that the addressee is correct.
Here’s a tip:
If you do not delete email you receive at work that was not intended for you and which contains the personal information of another individual, you may not be in compliance with your local privacy legislation (e.g. FIPPA) which very likely requires legal authority to collect personal information. Without this authority you cannot collect personal information—even if it was sent to you mistakenly.
Now tell the truth — if I put that in my disclaimer at the bottom of my email, do you think I would elicit a better response from inadvertent recipients? Just goes to show how much better it is to actually explain things rather than to demand that others perform certain actions to remedy your own stupid push of the button.