Assuming its only legal communications that are privileged, and since only a
minuscule fraction of anything I've ever faxed or e-mailed has fallen under
this category, is there any other reason to put this type of message on my
faxes and e-mail? And why not put it on snail-mail that I send? Or perhaps
attach it to voice-mail messages that I leave?
Gary Blumsohn
-----Original Message-----
From: Jennifer Byington <jbyington@envisionclaims.com>
To: casnet@lists.casact.org <casnet@lists.casact.org>
Date: Monday, December 28, 1998 5:11 PM
Subject: Re: Confidential Communications?
>
>
>
>It would allow the sender of the misdirected communication to invoke the
> "inadvertent disclosure" rule, so that the privilege (attorney-client,
> work product, etc.) remains intact despite disclosure to a third party.
>
>
>
>
>
>
>"Gary Blumsohn" <garyb@worldnet.att.net> on 12/27/98 08:21:11 PM
>
>To: "CASNET" <casnet@lists.casact.org>
>cc:
>Subject: Confidential Communications?
>
>
>
>
>
>My apologies if this message is considered off-topic for an actuarial list,
>but since it's something I'm sure lots of us see every day, maybe some
>discussion would be enlightening.
>
>A recent note to Casnet from Arlie Proctor ended with the following bit of
>boilerplate:
>
>>
>>This communication is intended solely for the use of the individual to
>>whom or the entity to which it is addressed. It may contain information
>>that is privileged, confidential, and exempt from disclosure under
>>applicable law. If you are neither the intended recipient, nor the
>>employee, nor the agent responsible for delivering the communication to
>>the intended recipient, you are hereby notified that any dissemination,
>>distribution, or copying of this communication is strictly prohibited.
>>If you have received this communication in error, please notify us
>>immediately by telephone or email, delete the communication from any
>>computer or other electronic storage media, and destroy all other copies
>>in your possession.
>>
>
>
>Notes like these seem to be attached to almost every business fax I
>receive,
>and I always wonder what legal force they have.
>
>1) If I receive, unsolicited, a fax or e-mail intended for someone else,
>what possible obligation can I have to keep it confidential? What exactly
>is the "applicable law" referred to in this note?
>
>2) If I inadvertantly overhear a conversation between 2 actuaries on a
>bus,
>am I prohibited from disseminating any information gleaned? Does it make
>any difference if the actuaries, realizing that I've overheard them, tell
>me
>that the information is confidential, and that I may not disseminate it?
>
>
>Bottom line: Do these statements have any legal force, or are they just a
>bunch of legalese intended to intimidate people into complying?
>
>
>Gary Blumsohn
>garyb@worldnet.att.net
>
>
>Visit the CAS Web Site at http://www.casact.org
>===============================================
>To subscribe or unsubscribe from CASNET:
>Send an e-mail to caslists@lists.casact.org
>Type in the body join casnet to subscribe
>or leave casnet to unsubscribe.
>
>
>
>
>
>Visit the CAS Web Site at http://www.casact.org
>===============================================
>To subscribe or unsubscribe from CASNET:
>Send an e-mail to caslists@lists.casact.org
>Type in the body join casnet to subscribe
>or leave casnet to unsubscribe.
>
>
Visit the CAS Web Site at http://www.casact.org
===============================================
To subscribe or unsubscribe from CASNET:
Send an e-mail to caslists@lists.casact.org
Type in the body join casnet to subscribe
or leave casnet to unsubscribe.