When Electronic Records Disappear But Legal Issues Linger

By Donna Fisher, Matthew Hamilton and Jessica Southwick ( September 6, 2018, 12:21 PM EDT) -- In December 2017, the Sunshine Project sued Missouri Governor Eric Greitens, alleging violations of the Missouri Open Records and Open Meetings Law because he and his staff used Confide, an "ephemeral" messaging app that automatically deletes text messages after they have been viewed.[1] Several organizations have sued President Donald Trump and his executive office, alleging their use of ephemeral communication apps, such as Signal and Confide, violated the Presidential Records Act.[2] Further, companies' growing use of ephemeral communications tools is complicating U.S. Department of Justice investigations of corporate wrongdoing when it comes to uncovering bribery schemes. Last year, the DOJ announced that, in order to receive full credit for self-reporting bribery violations under the new Foreign Corrupt Practices Act Enforcement Policy, companies must prohibit "the improper destruction or deletion of business records, including prohibiting employees from using software that generates but does not appropriately retain business records or communications."[3]...

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