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Warning: If the Email You Just Read Isn't for You, Don't Read It

March 01, 2012 posted by Steve Brownstein

Some people who work in jobs in which they use e-mail to send sensitive information to others are questioning the effectiveness of the e-mail disclaimers that are usually placed at the end of such messages.

These disclaimers are usually used by lawyers, bankers, analysts, consultants, and others to notify recipients that the message might contain privileged, confidential, or proprietary information, and that the recipient should not use, distribute, copy or disclose this information to another person if he received the message accidentally.

Those who accidentally receive messages containing sensitive information are also usually asked to destroy the message and notify the sender.

Some lawyers say that the disclaimers are necessary because they inform unintended recipients that they do not have permission to take advantage of confidential, proprietary, or legally privileged information.

However, some say that the disclaimers are usually not enforceable because they do not create a contract between the sender and the recipient.

In addition, some experts say that it would be difficult to get a judge to enforce the language included in these disclaimers because the admonitions are usually attached to every message that people in certain jobs send out, regardless of whether these messages contain sensitive information or not.