# Is the confidentiality notice on some e-mails binding? **URL:** \ **Category:** Factual Questions\ **Created:** [August 3, 2007, 8:29pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335 "2007-08-03T20:29:43Z")\ **Posts on this page:** 6\ **Page:** 1
**Author:** ![Wee\_Bairn](https://avatars.discourse-cdn.com/v4/letter/w/90db22/32.png) [@Wee\_Bairn](https://boards.straightdope.com/u/Wee_Bairn)\ **Post date:** [August 3, 2007, 8:29pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/1 "2007-08-03T20:29:43Z")
I often get e-mails at work with the following, or something similar: _The information contained in this email/fax is confidential; it is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are notified that any dissemination, distribution, or use of this information is strictly prohibited._ Let’s say I got one such e-mail that I shouldn’t have, and disseminated the info- could I be in trouble? Would it depend on the info, and who I shared it with? ---
**Author:** ![Balthisar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/balthisar/32/2825_2.png) [@Balthisar](https://boards.straightdope.com/u/Balthisar)\ **Post date:** [August 3, 2007, 10:56pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/2 "2007-08-03T22:56:30Z")
Not a lawyer. I’m pretty sure that emails are still qualified as being copyrighted by the author, so you may run into trouble in publishing the email – on the other hand, what are the damages caused by such, which would be your liability. Other than that, anything that’s a fact is a fact, and if you haven’t performed tortuous interference in an existing contract, you can use facts all you want. Touch crap if they spilled it to you. ---
**Author:** ![Gengis](https://avatars.discourse-cdn.com/v4/letter/g/df705f/32.png) [@Gengis](https://boards.straightdope.com/u/Gengis)\ **Post date:** [August 3, 2007, 11:09pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/3 "2007-08-03T23:09:41Z")
Those notices are about HIPAA regulations - disseminating private information about a person’s health and/or other personal information (address, social security number, etc.) - they have nothing to do with copyright. They are pretty much standard boilerplate, and are there to cover a company’s ass. Techinically, yes - you could get in trouble if you were to take protected information from an email and use it in a fraudulent manner. Or even just spread it around without a person’s permission. E-mails should not contain such protected information, as they are not considered a safe mode of transmission. Faxes are considered safe, but in large corporations where you can’t be sure who’s seeing the fax before it get to the intended recipient, or in the case of a mis-dialed number, that’s why the waiver also appears on fax cover sheets. That being said, feel free to disseminate the email you get from your friend with cute puppies pictures that tell you you’re special. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 3, 2007, 11:11pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/4 "2007-08-03T23:11:04Z")
[QUOTE=Wee Bairn] Would it depend on the info, and who I shared it with? [/QUOTE] Yes. But the notice would only be tangentially involved in the determination. It could also depend on who you were in relation to the sender or intended recipient. ---
**Author:** ![Turek](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/turek/32/18782_2.png) [@Turek](https://boards.straightdope.com/u/Turek)\ **Post date:** [August 4, 2007, 12:06pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/5 "2007-08-04T12:06:51Z")
[Here’s a thread from last month on the topic.](http://boards.straightdope.com/sdmb/showthread.php?t=426377) ---
**Author:** ![Derleth](https://avatars.discourse-cdn.com/v4/letter/d/b9e5f3/32.png) [@Derleth](https://boards.straightdope.com/u/Derleth)\ **Post date:** [August 4, 2007, 3:55pm UTC](https://boards.straightdope.com/t/is-the-confidentiality-notice-on-some-e-mails-binding/414335/6 "2007-08-04T15:55:39Z")
[Jeff Goldmark has a whole webpage listing why email disclaimers are stupid.](http://www.goldmark.org/jeff/stupid-disclaimers/) For example: > [@](#): > > When I was an assistant postmaster at a mid-sized UK university, I would routinely get mail forwarded to me for me to deal with. But the original mail contained such a non-disclosure blurb. I would act on the message, even though according to the blurb my acting on information in a message not addressed to me was “strictly prohibited” (or “subject to litigation” or whatever nastiness is threatened.) > > There are many cases where the sender of a message hopes that the message will get passed on to the appropriate person (who may not be explicitly addressed in the message), yet if the disclaimer is to be taken seriously that can’t be done. And also: > [@](#): > > The New Scientist has complained about getting press releases with those disclaimers. What is it suppose to do with those? Among other reasons. [Jeff Goldmark’s List of Stupid Email Disclaimers.](http://www.goldmark.org/jeff/stupid-disclaimers/list.html) There are some real good ones here. For example, try this one on for size: > [@](#): > > This e-mail is private and confidential and may be legally privileged. It is intended for recipients only and access by others is unauthorised. It is not intended to be relied upon without subsequent written confirmation of its contents. Accordingly Friends Ivory & Sime plc, its subsidiaries and its associated company Ivory & Sime TrustLink Ltd disclaim all responsibility and accept no liability (including in negligence) for the consequences of any person acting, or refraining from acting, on such information prior to the receipt by those persons of subsequent written confirmation. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on the information in this e-mail is prohibited and may be unlawful. > > If you have received this e-mail message in error please also notify our Compliance Department at [compliance@friendsis.com](mailto:compliance@friendsis.com). Please delete this message from your computer and destroy any copies which have been made. > > Friends Ivory & Sime plc, its subsidiaries (detailed below) and its associated company, Ivory & Sime TrustLink Ltd are part of the Friends Provident Group. > > Friends Ivory & Sime plc > Registered in Scotland, Company No. 73508 > Regulated in the UK by IMRO and in the USA by the SEC. > > Ivory & Sime TrustLink Ltd > Registered in Scotland, Company No. 151198 > Regulated in the UK by the Personal Investment Authority > > Friends Ivory & Sime, Inc is a wholly-owned subsidiary of Friends Ivory & Sime plc and is regulated in the USA by the SEC. > > Friends Ivory & Sime Trust Company is a wholly-owned subsidiary of Friends Ivory & Sime plc and is regulated in the USA by NYSBD. > > Ivory & Sime (Asia) Limited is a wholly-owned subsidiary of Friends Ivory & Sime plc and is regulated in Hong Kong by the SFC. > > The registered office of Friends Ivory & Sime plc is > One Charlotte Square, Edinburgh, EH2 4DZ > Telephone 0131 465 1000 > > The full email disclaimer, which includes addresses and telephone numbers for each of the above subsidiary companies, can be obtained by emailing [disclaimer@friendsis.com](mailto:disclaimer@friendsis.com) Especially clever is when an email joke made its way around a bunch of law firms, picking up a disclaimer at each hop.