If they e-mail me your medical information, that is a HIPAA violation even if I delete it. If they e-mail me classified documents,, that is a security breach even if I deleted it. IANAL, but I don't think that a disclaimer would protect you from severe consequences, both civil and criminal. Neither does a disclaimer preclude the recipient reporting it to the Feds.
Protect sensitive data; don't rely on disclaimers. -- Shmuel (Seymour J.) Metz http://mason.gmu.edu/~smetz3 עַם יִשְׂרָאֵל חַי נֵ֣צַח יִשְׂרָאֵ֔ל לֹ֥א יְשַׁקֵּ֖ר ________________________________________ From: IBM Mainframe Discussion List <[email protected]> on behalf of Steve Thompson <[email protected]> Sent: Thursday, January 4, 2024 10:23 AM To: [email protected] Subject: Re: test. please ignore -- IGNORING YOU IGNORING YOU [not] I am glad you brought this up. I get these things on individual/entity emails sent directly to me. I didn't sign for this. How could they prove I got it? Per USPS regs and some other fed Agency whose name I've forgotten, if you receive something in the mail addressed to you, that you didn't ask for, it is yours, even if a bill is sent with it requiring you to either return it or pay for it. Most may not know about this. But this went back into the Sixties when different mass marketing companies that would send out something like a medallion to hang somewhere (just an example). Well, the law/regs were changed to make that a free gift to you because why should you have to return it at your cost when you hadn't asked for it? Enter FAX machines used by attorneys. We need to put CYA verbiage at the bottom of this document. The question is, is it actually enforceable? This then went to boiler plate on emails from medical entities (HIPAA stuff). But the regs tell you that data must be secured.... So is a statement to the effect of "this being a non-disclosure thing" enforceable since one had no other relationship to the sender, such that no NDA had ever been signed? So, yeah, glad you mentioned this. Imagine if it had been marked as classified Top Secret EYES Only..... Could you be charged for having unauthorized classified data? And just who would you report this to? On 1/3/2024 4:08 PM, Joel C. Ewing wrote: > A test of another long-winded, non-enforceable corporate > disclaimer perhaps? Don't you just love corporate lawyers. > > The named recipient in this case is the IBM-Main list, and > since this list is echoed to a world-accessible newsgroup, no > one posting anything to this list can reasonably expect > anything on this list to be treated as "Confidential" or any > viewing of any item on this list to have been "received in > error". That the views represented are "solely those of the > author" is the only part of the DISCLAIMER that has any > validity in this context. By simply replying to this post > without excluding all of the original post I have violated the > non-enforceable parts of the disclaimer. > > JC Ewing > > On 1/3/24 10:24, Allan Staller wrote: >> Classification: Confidential >> >> test >> >> ::DISCLAIMER:: >> ________________________________ >> The contents of this e-mail and any attachment(s) are >> confidential and intended for the named recipient(s) only. >> E-mail transmission is not guaranteed to be secure or >> error-free as information could be intercepted, corrupted, >> lost, destroyed, arrive late or incomplete, or may contain >> viruses in transmission. The e mail and its contents (with or >> without referred errors) shall therefore not attach any >> liability on the originator or HCL or its affiliates. Views or >> opinions, if any, presented in this email are solely those of >> the author and may not necessarily reflect the views or >> opinions of HCL or its affiliates. Any form of reproduction, >> dissemination, copying, disclosure, modification, distribution >> and / or publication of this message without the prior written >> consent of authorized representative of HCL is strictly >> prohibited. If you have received this email in error please >> delete it and notify the sender immediately. Before opening >> any email and/or attachments, please check them for viruses >> and other defects. >> ________________________________ >> >> ... > ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN ---------------------------------------------------------------------- For IBM-MAIN subscribe / signoff / archive access instructions, send email to [email protected] with the message: INFO IBM-MAIN
