Re: E-mail

[DAsmussen@xxxxxxx]

Joanie,

In a message dated 97-09-22 18:25:54 EDT, you write:

> This can pertain to either e-mail on the AS/400 or via PC networks..... 
>  
>  Does anyone have a policy on e-mail and it's content ?   I know there are
>  some legal issues that can arise with e-mail. i.e. a politically incorrect
>  joke  sent to the wrong person, or a defamation of character th rough
e-mail.

As I understand it, this issue is still "wide open" from a legal standpoint.
 I haven't seen anything that provided a definitive answer to your question.
 How do you limit e-mail in the US without infringing upon the sender's First
Amendment rights?  Other countries have similar statutes.  Personally, I'd
LOVE to see some of the "political correctness" in this country TOASTED by a
suit on the matter of e-mail.  The world is currently laughing at the US for
taking offense at the smallest comment that could even be CONSIDERED to be
offensive.  A local commentator has coined the phrase "The United States of
the Offended", and I agree.  Can't anyone here take a joke any more?

On the other hand, defamation is defamation.  If you widely disseminate
harmful information regarding a person or company that can be proven untrue
by a majority of people familiar with the mentioned person or company, then
you have defamed those persons/entities.

I do not claim to be a lawyer, and intellectual property or US tax laws are
the only areas in which I would claim more than a passing familiarity.
 However, I do not feel that we in the US yet have a definitive ruling to
govern the e-mail problems that you mentioned.  The latter fact HAS NOT
stopped companies from dismissing employees for mail-related incidents.  I
personally feel that (probably several) high-profile US attorneys are
awaiting a "landmark" case upon which to establish precedent regarding this
issue.

>  Perhaps just a general policy statement saying that all e-mail is NOT
>  confidential and we (the hospital in my case) reserves the right to view
any
>  e-mail for it's content.  

While not required at this time, a statement of this ilk broadcast to all
e-mail users would be the RIGHT thing to do.  Many e-mail novices are not
aware that their missives are subject to the scrutiny of anyone other than
themselves and the addressee.  A general statement of warning COULD protect
your company from unnecessary liability.

>  My biggest concern is my users sending confidential information via
e-mail,
>  this could range from patient test results and/or diagnosis, to the wage
>  rate of an employee......   maybe I'm too worried, but I'd prefer to think
>  that my e-mail system is just scheduling meetings/lunches, or asking
simple
>  questions, not sending patient information .....  

Valid concerns, all.  Having worked in both hospital and clinical
environments myself, as well as having seen all of the latest disclosures of
medical records "falling into the wrong hands", SOMETHING needs to be done on
YOUR end.  But how do you prevent "cut and paste" of medical records to the
Internet in the form of mail?  A hospital, let alone a clinic, CANNOT afford
a full-time arbiter that reads and approves all outbound mail.  ALL companies
face the same problem regarding payroll.

I'd start with the suggestion of either software or a physical separation
between data and e-mail.  Software that doesn't allow the CUT/COPY of medical
records, or terminals for "mail-only" that don't allow access to medical
records.  I'd further suggest signing employees to the entertainment
industry's equivalent of a "morals clause" (this stuff doesn't just happen
electronically, you know) wherein they acknowledge the fact that disclosure
of medical information that should come into the posession is grounds for
lawsuit and/or dismissal.  The latter isn't far removed from what
consultants/contractors must sign regarding the sharing of (priveledged)
information received during the course of their duties with a given client.

Interesting proposition, anyone else have ideas on it?

Regards,

Dean Asmussen
Enterprise Systems Consulting, Inc.
Fuquay-Varina, NC  USA
E-Mail:  DAsmussen@AOL.COM (for now)

"Where there is an open mind, there will always be a frontier." -- Charles F.
Kettering
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