Extract from Epiq’s article “Proceed With Caution: Understanding 2023 DOJ Guidance on Ephemeral Messaging”
The corporate world has once again been forced to adapt as communication trends change. When ephemeral messaging first gained popularity, it was merely a fun way to send disappearing pictures or messages to friends over apps like Snapchat. Using tools with these capabilities for business communications was unthinkable. Views have shifted as more deploy platforms such as WeChat or WhatsApp for business. This has forced organizations to ponder embracing this new technology, reconsider policies, and explore potential workplace benefits. It is crucial to follow emerging guidance in this area to stay compliant.
Prior Guidance – Sedona
Ephemeral messaging is still a developing topic when it comes to business functions. The Sedona Conference weighed in on the benefits in a 2021 commentary to help regulators, the courts, and organizations navigate ephemeral messaging in business. The conclusion was that it is an acceptable tool but requires caution. For example, it could help with privacy initiatives by safeguarding sensitive data and communications or be useful in a limited fashion with retention management and data minimization.
However, organizations must understand that these tools can bring more risk to the table and therefore should not be used for everyday communications or be central to goal achievement. Using these platforms introduces more risk to govern, such as the failure to preserve information relevant to litigation or an investigation. Information governance updates will also be necessary to notify employees of what data is allowed to be transmitted over these apps.
