CHAPTER 12Information Governance for E-Mail and Instant Messaging*

E-mail is a major area of focus for information governance (IG) efforts: it is the most common business software application and the backbone of business communications today. Also, e-mail is the leading piece of evidence requested during the discovery phase of civil trials, so it is critically important to implement IG measures for e-mail communications.

Employees utilize e-mail all day, including during their personal time, sometimes mixing business and personal use of e-mail. Between 2014 and 2018, the average office worker received an average of 90 e-mail messages daily, and sent 40.1 Social media use has skyrocketed in recent years and actually has surpassed e-mail for personal use, but the fact remains that in business, knowledge workers rely on e-mail for almost all communications, including those of a sensitive nature. In one survey of corporate e-mail users worldwide, nearly two-thirds stated that e-mail was their favorite form of business communication, surpassing not only social media but also telephone and in-person contact.2

These e-mail communications may contain discoverable information in litigation, and a percentage of them will be declared formal business records. E-mail often contains records, such as financial spreadsheets and reports, product price lists, marketing plans, competitive analyses, safety data, recruitment and salary details, progressing contract negotiations, and other information ...

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