A new breed of online business apps aim to copy Snapchat, the popular messaging app that lets users set a time limit (one to 10 seconds) on how long recipients can view their messages or photos.
Now, apps like Confide and TigerText aim to make self-destructing online discussions popular in business, too. The goal: become the digital equivalent of behind-closed-doors meetings and off-the-record conversation, with no written record of the discussion.
No laws specifically prohibit auto-destruct messaging in business, but employers should be wary of the potential employment-law downside. Among the risks, according to the Nixon Peabody law firm:
- There is still evidence of the communication because you or the recipient would, under oath, have to spill the beans in a deposition or courtroom.
- Several laws actually require a record of communications. Example: Age bias law demands employers keep records for one year “pertaining to the failure or refusal to hire” an applicant.
- If you’re sued (or threatened with a lawsuit), you could face a “litigation hold” on destroying any documents. Using such an app could be viewed as obstruction of justice by a court.
Bottom line: Develop a policy on whether employees are allowed to use such self-destructing communication apps. If you do allow usage, explain in detail when employees can and cannot use the technology.
