Keeping texts for legal defensibility

Retaining text messages can protect organizations legally by preserving accurate records of communications in the event of legal disputes, regulatory audits, or compliance investigations.

Why is text message retention important?

Text messages, like emails, are increasingly seen as formal methods of communication that can carry significant weight in legal proceedings, regulatory audits, and compliance investigations. 

While many organizations have robust policies for email retention, fewer have applied the same rigor to text messaging. However, as text communications play a greater role in business operations, failing to retain these messages can leave organizations vulnerable to legal and regulatory risks. According to Time Magazine, “Like social media posts and other forms of digital communication, text messages can be used as evidence in court and can be instrumental in the outcome of both criminal and civil cases.”

Read also: How email retention policies provide legal defensibility

How text messages can be used legally 

• Evidence preservation: Retaining text messages ensures that relevant communications can be accessed and presented as evidence. Messages may be used to demonstrate compliance with laws or regulations or defend against claims of misconduct.
• Compliance with regulations: Many industries, especially healthcare, finance, and government, must retain electronic communications for a specified period. Compliance with these regulations helps avoid fines, penalties, or other legal consequences. For example, in healthcare, HIPAA regulations require retaining certain records for privacy and security reasons.
• Accountability: Retaining text messages creates an audit trail that shows when messages were sent, received, and by whom, ensuring accountability for actions taken or decisions made. 
• Avoiding data tampering: Proper retention policies often include safeguards against the alteration or deletion of messages, which ensures the integrity of information. 

Implementing a text message retention policy

Given the legal importance of retaining text messages, organizations should consider implementing a comprehensive retention policy that includes:

• Clear guidelines: Establish policies outlining what types of text messages need to be retained, for how long, and in what format. Ensure employees understand these policies and are trained on proper communication methods.
• Automated archiving: Use technology to archive work-related text messages. Don’t delete messages and keep all records in a secure location. 
• Security and encryption: Ensure the retention system protects against unauthorized access and tampering. Use encryption and access controls to safeguard sensitive information.
• Compliance monitoring: Regularly audit retention practices to comply with industry regulations and legal requirements.

See also: The guide to HIPAA compliant text messaging

FAQs

What risks do organizations face by not retaining text messages?

Organizations that fail to retain text messages may face several risks, including the inability to provide critical evidence during legal proceedings, potential regulatory fines, and reputational damage. Non-compliance with industry-specific retention laws can lead to significant legal consequences and undermine a company’s credibility.

What technology solutions are available for text message retention?

Various technology solutions exist for text message retention, including archiving software, cloud-based storage systems, and specialized compliance tools. These solutions automate the retention process, ensuring that messages are securely stored and easily retrievable for audits or legal inquiries.​

How can organizations ensure compliance with text message retention policies?

Organizations can ensure compliance by developing clear retention policies, conducting regular training for employees on these policies, and utilizing technology that simplifies the archiving process. Regular audits of communication practices can also help identify any gaps in compliance​.