> If anything you ever say during routine business operations can end up as evidence, clear and honest communication will suffer. The effectiveness of organizations, including the ability to act ethically, will be seriously degraded.
Most orgs I've been at with this concern either on a large or silo'd level, will either change policies to fit, whether that be retention times for chat messages or guidelines to not record certain types of meetings/etc.
> There needs to be some kind of work product doctrine, which protects the privacy of routine business communication. Defining that, while allowing the collection of evidence of criminal activity, won't be easy, but the current state of affairs is unworkable.
Mixed bag. Not every org will be OK with someone bringing up various regulations known in a recorded meeting, or even saying the potential number of impacted risk cases on a call raised with an issue in production. OTOH I've been at shops where I asked about the legality of something and it was thanked for being on the record (Thankfully that org was super-compliant and it was never about production, only design.)