The late Dr. Randy Pausch, of Last Lecture fame, said that his rule was to archive all emails, no exceptions. [1] IIRC it was because he figured that if everyone saved all their emails, it would would provide future historians with a treasure trove of contemporaneous research material.
From a legal perspective, purging emails can lead to accusations of "spoliation of evidence," [2] which in some circumstances can lead to the judge instructing the jury that the jurors can presume that what you destroyed was harmful to your case. You can argue that you didn't purge any relevant emails, but that becomes a he-said/she-said issue.
"From a legal perspective, purging emails can lead to accusations of "spoliation of evidence," [2] which in some circumstances can lead to the judge instructing the jury that the jurors can presume that what you destroyed was harmful to your case."
What if there was a policy to delete all email older than some cut-off age, e.g. 2 years? Would that assumption still be made?
> What if there was a policy to delete all email older than some cut-off age, e.g. 2 years? Would that assumption still be made?
You'd have to talk to a lawyer about the specific facts and circumstances, but in general:
1. If you didn't have reason to anticipate litigation when you implemented the policy, it normally shouldn't be a problem;
2. Once you do have reason to anticipate litigation, you're supposed to suspend any such policy and preserve evidence; [1]
3. If a dispute looks as though it's likely to turn into a lawsuit, your adversary's lawyer likely will send you a "litigation hold" letter reminding you of the duty to preserve evidence.
In situations 2 and 3, continuing with an automatic purging routine can get you in trouble.
From a legal perspective, purging emails can lead to accusations of "spoliation of evidence," [2] which in some circumstances can lead to the judge instructing the jury that the jurors can presume that what you destroyed was harmful to your case. You can argue that you didn't purge any relevant emails, but that becomes a he-said/she-said issue.
[1] I believe it was in his Last Lecture at https://www.youtube.com/watch?v=ji5_MqicxSo, but it might have been his time-management lecture at https://www.youtube.com/watch?v=blaK_tB_KQA
[2] http://en.wikipedia.org/wiki/Spoliation_of_evidence