Without having to hack into a network, persons simply sitting down at someone else's workstation may be able to access the emails stored there. Company administrators, MIS department personnel and outside contractors have virtually unlimited access to the emails stored on PC's and network servers. One significant risk for companies is the cost and complexity of recovering emails when disclosure is legally required. Given the many locations where email may be stored within a company, and the ability to recover deleted emails with the right tools, a company may face substantial expense in responding to any subpoena requiring production of email records. That problem is made worse by obsolete storage media and software.
Email messages are only part of the problem.
Employees can attach documents and other files to emails, and many have direct Internet access allowing them to communicate by instant messaging, chat room exchanges, and newsgroup and forum postings. Email messages can be sent and received through cell phones and PDA's using wireless communications. All of these methods of communication increase the liability risk. Employment Liability Everyone is concerned about the potential risk of claims of sexual harassment and hostile work environment. Our firm was recently involved in cases involving a claim of harassment arising out of obscene files downloaded by a co-worker, and another claim where an owner of a company emailed sexually suggestive remarks to a secretary at work.