Labeling Email Messages

Not Public Data

  1. Labeling Messages as a Form of Not Public Data: Although electronic communication is generally a public document, electronic transmission of Not Public Data is an exception to the general public nature of E-mail.
  2. Designating a message as Not Public Data or a form of Not Public Data may minimize the possibility that the recipient will disclose it to unintended third parties. When electronic communication is used to transmit Not Public Data, as defined in the Minnesota Government Data Practices Act (Chapter 13 of the Minnesota Statutes), the message should be clearly marked with one of the following designations: Not Public Data or Confidential or Private or Nonpublic or Protected Nonpublic or Trade Secret.

Attorney-Client Privileged

  1. Labeling Messages as Attorney-Client Privileged: Although electronic communication is generally a public document, electronic transmission of Attorney-Client Privileged communications is an exception to the general public nature of electronic communication. When electronic communication is used for communications between an attorney and a client, the message shall be clearly marked with the heading "Attorney-Client Privileged." Merely designating a message as privileged does not necessarily protect it as privileged, but the designation has a legally useful purpose. Privileged information, which is received from an attorney, shall not be forwarded without the attorney's authorization. Clients should consult with the attorney before sending courtesy copies to anyone.

Roles & Responsibilities

Last updated Sep. 27, 2011