FTC & DOJ Warn: Preserve Slack, Google Chat Messages in Investigations
The Federal Trade Commission (FTC) and the Department of Justice (DOJ) have jointly warned companies about their obligations to preserve communications on messaging platforms like Slack and Google Chat. This comes as part of an update to their guidance on preservation obligations, which now includes instant messaging platforms.
Companies are required to take immediate action to disable auto-deletion functions and preserve communications when they anticipate or learn of an investigation or litigation. Both agencies have updated their standard preservation letters, specifications for 'second requests', voluntary access letters, and grand jury subpoenas to reflect this change.
The FTC and DOJ have clarified that these obligations extend to both ephemeral and non-ephemeral communications through messaging applications. This includes platforms such as WhatsApp, Signal, and Telegram. Companies should understand how their employees use these platforms and the necessary steps to preserve information on these systems before the need arises.
The DOJ has also updated its Evaluation of Corporate Compliance Programs guidance to consider the impact of messaging applications on a company's compliance program and response to investigations.
Failure to preserve these communications may result in spoliation of evidence, with potential civil fines from the FTC and criminal prosecution. Companies are urged to review and update their preservation policies to ensure compliance with these new guidelines.
