[beancounter2]

A local Pennsylvania politician is communicating with his fellow elected officials, and some municipal employees, via email. Some, but not all, of the "conversations" could be personnel and/or legal type issues but they are copied to all of the above, regardless of the intended recipient.

He has a standard disclaimer at the bottom of each mail saying:

"This email and any files transmitted with it are confidential and are intended solely for the use of the individual or entity to whom they are addressed. If you are not the original recipient or the person responsible for delivering the email to the intended recipient, be advised that you have received this email in error, and that any use, dissemination, forwarding, printing, or copying of this email is strictly prohibited. "


Is this really a legally defensible position? If it is, what types of penalties can be imposed for dessemination, forwarding, etc.? Would that answer differ if one of the "intended recipients" deceminated, forwarded, etc.?

[Mr. Knowitall]

It's not a legally defensible position. It's overused boilerplate, commonly seen in email from lawyers. It may have some amount of CYA value when actually attached to confidential communications, but if attached to everything (even minor, personal, and non-confidential matters) the sender arguably strips it of even that significance.

[beancounter2]

Thanks for your help!