IM Compliance

The growth of instant messaging (IM) is undeniable. The number of worldwide IM accounts now totals nearly 2.6 billion, and is expected to grow to over 3.8 billion by year-end 2015.

The prevalence of IM in the workplace also creates a risk of non-compliance with laws and regulations governing the use of electronic communications in businesses. In the United States alone, there are over 10,000 laws and regulations related to electronic messaging and records retention, including the Sarbanes-Oxley Act, HIPAA and SEC 17a-3. 

As an example, in 2007, the Financial Industry Regulatory Authority (FINRA) issued guidance to its member firms indicating that, "electronic communications", "email", and "electronic correspondence" may be used interchangeably and can include such forms of electronic messaging as instant messaging and text messaging.

For organizations outside the financial services industry, recent changes to the Federal Rules of Civil Procedure (FRCP) have created new rules around the discoverability of eletronic content, including IM communications. As a result, this type of communication may be requested during the discovery process of legal proceedings.  

The botton line is that IM communications are considered as a type of business communication and should be archived, searchable and readily retrievable in order to satisfy corporate and compliance requirements.