FTC, DOJ: Companies Must Retain App Messages or Face Penalties

Companies must preserve documents needed in government investigations, even when using platforms that automatically delete messages, the FTC and DOJ said Friday, clarifying language in their investigatory requests. Companies are increasingly using “collaboration tools and ephemeral messaging applications, such as Slack, Microsoft Teams, and Signal,” the agencies said: Companies are legally required to retain communications even if these platforms remove the messages. This applies to “second requests, voluntary access letters, and compulsory legal process, including grand jury subpoenas,” the agencies said. The FTC has “successfully moved for civil spoliation sanctions and may refer cases to criminal prosecutors” when companies fail to do so, the agency said.