Confidentiality boo boo?

[Margaret CPA in OH]

I sent out an email to my clients having prepared a group list, Tax Clients.  First time for this group.  I sent an explanatory message about Versifyle and the intention to use it, should they choose.  Normally I would, of course, send the email to myself and BCC the group.  I forgot to do that this time and found out only today when one client replied to it. My horror when I saw all the clients and emails listed on the original!

The vast majority of those have no clue who the others are but about 6-8 are all members of my church.  I have never discussed anyone with anyone else AT ALL but they have informally referred others to me so it's mostly an open secret amongst them.

Should I do anything?  Would it draw maybe unnecessary attention to this?  I feel pretty horrible right now and at a loss.

[Gail in Virginia]

I don't know what, if anything, you can do at this point that won't make matters worse.  I feel your pain!  Maybe someone else will have a suggestion, or if anyone says something about the someone else on the list, I guess you could always blame it on two lists getting mixed up but I don't think you can take it back at this point. 

[jklcpa]

3 minutes ago, Margaret CPA in OH said:

Should I do anything?  Would it draw maybe unnecessary attention to this? 

No, and yes.

If you mention it, then some may want to go back to look more. Let it go because if the church members are close and have come of referrals within the group, chances are they all know you handle each others work anyway.

I have a bunch of unrelated older clients that are friends, coworkers, or neighbors that bring me each others tax data. Depending on which one comes earliest, they might bring two or three other clients' papers with them, and sometimes the envelopes or folders aren't sealed.  Am I supposed to pretend that those folders being handed to me don't exist or are invisible? 

[ILLMAS]

Do you happen to have this on your email?

 

CONFIDENTIALITY NOTICE: This communication is confidential, may be privileged and is meant only for the intended recipient. If you are not the intended recipient, please notify the sender ASAP and delete this message from your system.            

[Margaret CPA in OH]

Thanks, Judy.  That happens with the church folks on occasion, too, but I never talk about anyone else's business.

ILLMAS, here is the bottom of each email:

Margaret Champion MBA, CPA
6902 Moorfield Drive
Cincinnati OH 45230

513.232.4633 Telephone [email protected]
513.232.2752 Fax       www.Champion-CPA.com

IMPORTANT NOTICE: You are hereby informed that any U.S. federal tax
advice which may be contained in this communication (including any
attachments) is not intended or written to be used, and cannot be
used, for the purpose of (i) avoiding penalties under the Internal
Revenue Code or (ii) promoting, marketing, or recommending to another
party any transaction or matter addressed herein.

IMPORTANT CONFIDENTIALITY NOTICE: This message contains information
that may be confidential and privileged.  Unless you are the addressee
(or authorized to receive for the addressee), you may not use, copy,
print, or disclose to anyone the message or any information contained
in the message.  If you have received this e-mail in error, please
advise sender by reply or by telephone at 513.232.4633 and delete
the message.
Thank you.

[Medlin Software, Dennis]

Things happen.  I get this via school and other non work "groups" every now and again.  I usually let the sender know of their boo boo.  The majority will never notice the mistake, and it is very rare when someone would try to do anything with the list of valid emails they were accidentally sent.

Personally, I ignore any such confidentiality notice.  Why?  If sent via a regular email, the sender already knows the message cannot possibly be considered confidential, making the notice moot and a WOBW (waste of bandwidth).  If the message might actually be confidential, then regular email should absolutely not be used to send.

[Catherine]

If you are really concerned (and the church folks don't know - by referral or other means - about the other members being clients) you could send out another email the same way, apologizing for accidentally sending a test email to a church list.  That way it looks like you were trying to figure something out, using a "safe" list, and that no one else on the list is actually a client at all.

[Margaret CPA in OH]

Thanks, Catherine.  Only about 6 or so were from church.  I'm pondering any next move.  Another email may draw more attention to the first which may not have been received anyway - you know, lots of spam filters around.  I just feel pretty stupid.

Medlin, I usually ignore those things, too, and am aware that typical email is not secure.  Kind of ironic that I was trying to alert clients to use a more secure method of transmitting documents.  I really hate it when they  send phone photos of stuff!

[Medlin Software, Dennis]

Those that notice, and who you do not contact to apologize, may think you did not see the error were trying to hide the error, etc.  Those that did not notice will see you are a straight shooter, and own your actions no matter what.  Honesty always wins long term.  I would not send the apology the same way, as there is no need to repeat the same mistake.  The apology email should be sent individually as the first one was meant to have been.

Over the years, I have sent messages proving my human-ness, and the usual response is positive.

[Catherine]

On 2/17/2020 at 6:13 PM, Medlin Software said:

I would not send the apology the same way

I was rushing and mis-spoke.  I meant the same way as in by email, rather than, say, calling, or texting, or snail mail.  Not by sending another group email with the same non-hidden cc's!

[Margaret CPA in OH]

I ended up testing for sure my bcc to myself then wrote a brief apology explaining that I was testing my email system to announce the portal and inadvertently addressed to all.  No comments back except that one client really liked the portal and found it easy to use!

I think it's over, lesson learned.  Thanks for input, all.

[Roberts]

Those messages on email have very little legal impact. The receiver didn't agree to anything so they aren't impacted by it.

 

They do work to remind recipients a copyright may exist, that client privilege may exist and to maybe remind recipients that nothing in email should be viewed as a legal contract. They do zero to aid you in limiting liability because the recipient didn't agree to this when they opened the email. You have to force them to waive this legal right before they open it if you want to take it from them.