beable: (shaman)
The Violets of Chaos ([personal profile] beable) wrote in [community profile] agonyaunt2021-07-20 12:30 am

Ask a Manager: Workplace wants to ditch work email accounts

4. Company is eliminating work email addresses and we have to set up personal email accounts instead

I work for a contract agency, and I provide services to both schools and health care agencies. My company has had a long-standing policy of 24-hour turnaround for emails, and I’ve never had a problem with this. However, as our management is changing, a decision has been made that employees having company email addresses is a security liability for the company, and we’re all losing our work emails. We’ve been told to use gmail or other free services to create our own personally owned “work” email addresses.

I’m bristling at the idea that I’m expected to use email for communication and check it regularly as a requirement of my work, but am not provided with that resource. Plus, I work with and handle protected health information *a lot* and many of my work email communications, both internal to the company and with our contracts, are governed by either FERPA or HIPAA. I have concerns about the legality and liability of using gmail for these communications.

I’ve pushed back with my bosses, who seem understanding and are sending these concerns up the chain, but I’m receiving no updates and the email turn-off is imminent. There has been some group pushback, but most of my coworkers don’t use email the way I do (they work almost entirely in the main office, and I mostly work in the field), and don’t seem concerned about this.

What else can I do? I’m thinking about refusing to create a personal email address for work, but that would have negative impacts on my work, both from a practical standpoint and from a perspective of maintaining a positive relationship with the new management.

In what universe are personal email accounts more secure for the company than business accounts they control? This is … the exact opposite of how it should work. And they’ll lose access to those accounts when you leave! Why why why? This is infuriating in how nonsensical it is.

If you haven’t documented the specific ways this would violate terms in your contracts, you should do that — and if your company has a legal department, you might try taking that documentation to them. You could also try building a case for why you need to maintain a work account, rather than trying to alter their whole plan but … I have a feeling they won’t care. They’ll likely argue that you can comply with FERPA and HIPAA from a personally-owned email account as long as it’s subject to the same restrictions; I don’t know enough about FERPA to know if that’s true, but either way they’ll be missing the larger point that they need to own their business email. (And how will they ensure you follow those restrictions with the account’s contents once you no longer work for them? Agggh this is ridiculous.) If they won’t budge after that, there might not be more you can do, other than to take this as a serious mark about your new management’s sense. But yeah, I wouldn’t flatly refuse to do it.
jadelennox: Senora Sabasa Garcia, by Goya (Default)

[personal profile] jadelennox 2021-07-20 05:23 am (UTC)(link)

Actually now I have a theory that some doorknob heard of “outsourcing email to Gmail “ and has totally misunderstood what that actually entails.

Oh, duh, this is totally what happened, now that you point it out. Yes, a small company without IT should have email services in the cloud, for security and liability reasons. That's not the same thing as personal email, yeesh!

Anyway LW is probably right about FERPA and HIPAA; corporate gmail accounts aren't mined in the same way personal ones are. Not to mention two things are pretty much guaranteed to happen:

  1. Ads getting attached to client emails, at least some of which will piss off a client.
  2. At least one colleague will not create a separate account and will just use XXX69yankeessuck420@gmail.com to email clients.
torachan: (Default)

[personal profile] torachan 2021-07-20 06:02 am (UTC)(link)
Yeah, my company has company.com emails that we access through gmail as a service, so maybe someone in the LW's company heard of that and misunderstood?

green_grrl: (Default)

[personal profile] green_grrl 2021-07-20 04:54 am (UTC)(link)
Oh, this is an information security nightmare—even before they got to the FERPA and HIPAA considerations. Report to legal immediately. I’d say have some of the clients take it to their chief information security officers, too, but that would probably result in some instant loss of contracts and OP would get blamed.
harpers_child: melaka fray reading from "Tales of the Slayers". (Default)

[personal profile] harpers_child 2021-07-20 06:40 am (UTC)(link)
It is late, I've already taken my bedtime meds, and I can't pull together the brain for the html. I need you all to think of that one gif of the octopus scurrying across the sea floor with "nope nope nope nope" above it's head.

OP, if legal doesn't take you seriously or if you don't have a legal department, please for the love of everything report your company. You'll have to find a new job, but going to jail over e-mail would be worse.
legionseagle: Lai Choi San (Default)

[personal profile] legionseagle 2021-07-20 07:38 am (UTC)(link)
At this point I'm going, "I know 2016 was a long way in the past, but -- have none of these bozos understood why 'But her emails' became a meme?"
rmc28: Rachel in hockey gear on the frozen fen at Upware, near Cambridge (Default)

[personal profile] rmc28 2021-07-20 09:50 am (UTC)(link)

LOL

gingicat: deep purple lilacs, some buds, some open (Default)

[personal profile] gingicat 2021-07-20 10:11 am (UTC)(link)
What. The. Fuck.

Any secure communication from patients should be going through something like MyChart which is part of the Epic system used by most practices. Epic also has a way to link up between medical providers.

I say be a whistleblower.
xenacryst: Opus from Bloom County saying "NO NO..." (Bloom County: Opus NO NO)

[personal profile] xenacryst 2021-07-20 03:52 pm (UTC)(link)
This, absolutely this. If they're too cheap to get a contractor access to Epic (or whatever actual system they're using for patient information), then a) they don't deserve contractors, b) you can bet your bottom dollar that they're not paying the contractor a fair rate, and c) you, the contractor, would be far better served with some other company before you find yourself at the sharp end of a pointy legal stick.

That's not how this work. That's not how any of this works.
minoanmiss: A detail of the Ladies in Blue fresco (Default)

[personal profile] minoanmiss 2021-07-20 04:03 pm (UTC)(link)
ahahahahah sorry I read this article of ridiculousness and thought "I can just imagine Gingicat's reaction" and here you are.
heavenscalyx: (Default)

[personal profile] heavenscalyx 2021-07-21 01:40 am (UTC)(link)
There is no way a reasonably IT-literate lawyer would think that Gmail is an acceptable means of handling HIPAA data. And if the company is handling HIPAA data, they MUST have compliance policies as a business partner to a PHI source. If they don’t then they and their clients could be subject to fines.
Edited 2021-07-21 01:40 (UTC)
shirou: (cloud)

[personal profile] shirou 2021-07-22 01:37 am (UTC)(link)
I'm tempted to ask whether this is a real, but... I can believe it.

I registered with a small medical practice and completed forms with lots of protected medical information through their online portal. After submitting, it then helpfully emailed me a PDF of the completed forms in the clear. I had to explain to them, repeatedly, that they had exposed all the information they were supposed to keep confidential.