The Privacy of Internal E-mails

“Privacy is not something that I’m merely entitled to, it’s an absolute prerequisite.” Marlon Brando (Brando)

Privacy for an individual as well as within an organization is an absolute prerequisite. With modern technology advancing and electronic communication becoming the most used forms of communication in the business world, it is unfortunate that we have not centered in on privacy as it relates to an organization. (Streza, 2003) After reading Ralph Streza article “Discovery Unplugged: Should Internal E-mails Be Privileged Confidential Communications?” I agree with his argument for the creation of new communications privilege based on privacy and business policy as well as some valid points he makes about needing to rethink whether intra-company e-mail should be included in the litigation process.

One of the main problems pointed out by Ralph Streza is that individuals managing the discovery issues related to litigation involving corporations have not questioned the propriety of allowing discovery of a company’s e-mail database. As Ralph Streza states, “The decisions sustaining the discoverability of e-mail, however, occurred before the practical effects of allowing that discovery were foreseen, or possibly even appreciated. The time may be ripe to rethink the propriety of invading these communications.” (Streza, 2003)There are many problems when it comes to litigation and the discoverability of e-mail. While collecting and analyzing e-mail in an effort not to miss anything important they usually end up wasting time as well as money.

In addition to wasted time and money, the accuracy of the information being analyzed is questionable. Streza quotes that “Ideas are often modified or discarded during the conversation. By contrast, in an exchange of e-mail thoughts, when an idea is changed, there is not always a written acknowledgment of that change.” (Streza, 2003) He also makes some very valid points about deleted e-mail and the fact that we should give consideration to the reason that the e-mail was deleted. It is possible that the e-mail may have been deleted because someone changed their minds about the content of the e-mail. From my own experience, I know that deleted e-mails could be very inaccurate for many reasons. Ralph Streza makes another valid point about e-mail discovery. He states, “Although e-mail discovery has been allowed in civil cases, it is ironic that the same invasion into the content of private conversations –with or without telephone-generally has not been allowed.”

In conclusion, with the advances in technological communication we need to rethink using intra-company e-mail as a source when it comes to litigation. Furthermore, especially with the economy, we need to take into account the costs and burdens being endured by companies while searching for a truth that is more than likely not going to be found in a company’s internal e-mail. In addition, I find it troubling that they would allow the invasion of any private conversation whether it is by phone or e-mail. There is a reason people send an e-mail to one person and do not include others. This is because it is a private conversation, not a matter for public discussion.

References
Brando, M. (n.d.). Privacy Quotes. Retrieved 01 17, 2011, from Thinkexist.com: http://thinkexist.com/quotations/privacy/
Streza, R. (2003). The Privacy Project Discovery Unplugged: Should Internal E-mails Be Privileged Confidential Communications? Defense Councel Journal , 36-39.