While instant messaging predates the Internet, businesses are beginning to view it as a tool for enhancing work force productivity. As a result, many companies recently have implemented enterprise instant messaging platforms that allow employees to communicate in real-time both within and outside the organization. Recent surveys indicate that companies are increasingly using, monitoring and retaining instant messages.
As with any type of communication, corporate use of instant messaging in the workplace raises a variety of issues with respect to the preservation and monitoring of the communications. This article explores records retention obligations that may apply to instant messages as well as legal requirements regarding the monitoring of instant messages in the workplace. The article also offers companies practical advice for developing a strategy for preserving and monitoring instant messages in a manner consistent with applicable legal requirements.
Preservation
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