The Legal Landscape: What’s Required?

In the United States, federal and state laws impose strict requirements on records retention, particularly for public entities and regulated industries. The Federal Records Act mandates that government agencies preserve records that document the organization, functions, policies, decisions, and essential transactions of the agency. Similarly, the Freedom of Information Act (FOIA) and state-level open records laws require that certain communications be accessible to the public.

For private-sector organizations, regulations like the Sarbanes-Oxley Act, HIPAA, and SEC Rule 17a-4 impose retention requirements that can span years. These laws apply to all communication mediums (email, text, or encrypted messaging), requiring organizations to retain any qualifying business record.

Messaging Apps and Auto-Deletion: A Risky Combination

Apps like Signal and Telegram offer auto-delete features that can erase messages after a set period—sometimes in as little as 30 seconds. While these features enhance privacy, they can also undermine compliance if not properly managed. Without a clear Records Retention and Disposition Schedule (RRS), organizations risk losing critical data, legal penalties, and damaging public trust.

Case in Point: Denver’s “Strike Force”

In early 2025, Denver Mayor Mike Johnston and 14 senior staff members formed a group dubbed “Strike Force” to coordinate the city’s response to the migrant crisis. They used Signal, an encrypted messaging app, and enabled auto-deletion for their communications. This decision came just weeks after legal watchdogs filed open records requests related to the city’s handling of the crisis.

Critics, including the Colorado Freedom of Information Coalition, argued that this was a deliberate attempt to circumvent transparency laws. Although the mayor’s office later adjusted the auto-delete settings and eventually disabled them, the damage to public trust was already done.

Lessons for RIM Professionals

This incident underscores the importance of proactive records management policies. Here are key takeaways:

• Audit Messaging Tools: Know and regulate which platforms your employees use and know whether they support auto-deletion or encryption. Ensure disposition practices align with policies and procedures.
• Update Your RRS & PIM Policy: Ensure your retention schedule and records and information management policy account for records and non-records in all communication channels, including ephemeral messaging apps.
• Train Staff: Employees must understand that convenience should never override compliance.
• Implement Governance Tools: Use enterprise-grade solutions that integrate with messaging platforms to archive and manage records automatically.

Zasio Can Help

At Zasio, we specialize in helping organizations navigate the complexities of modern records management. Our solutions are designed to ensure compliance across all communication platforms, including those with auto-delete features. Whether you’re updating your RRS or conducting a compliance audit, Zasio provides the tools and expertise to keep your organization protected.

Disclaimer: The purpose of this post is to provide general education on information governance software. The statements are informational only and do not constitute legal advice. If you have specific questions regarding the application of the law to your business activities, you should seek the advice of your legal counsel.

The post Hidden Dangers of Poor Records Retention Policies in Messaging Apps appeared first on Zasio.

The Plan: Formation of the Committee on Quackery

The AMA was concerned about the rise of chiropractic care and both the cultural and financial competition it posed towards more traditional practices. By marginalizing chiropractic care, the AMA aimed to safeguard its financial interests in allopathic medicine and preserve its dominance. These goals established the 1962 Committee on Quackery to “contain and eliminate”^[1] the chiropractic profession. The committee’s strategy included discrediting chiropractors’ education, disseminating falsehoods about the profession’s beliefs, and ultimately lobbying against their inclusion in legitimate national health initiatives, propagandizing them as “unscientific cultists.”

The Paper Trail: How Records Revealed the AMA’s Campaign Against Chiropractic

To discredit non-allopathic treatment, the AMA heavily relied on creating and distributing various documents, which allegedly spelled out pacts with the pharmaceutical industry, deals with Congressional leaders, and secret covenants with the Nixon White House.^[2] Internal memoranda outlined strategies to marginalize chiropractors and editorials published in medical journals labeled chiropractic medicine as “quackery.” The AMA shared its anti-chiropractic narratives at medical conferences and warned its attendees that fraternizing with chiropractors, professionally or personally, could cause de-licensure.

The AMA also collaborated with columnist Ann Landers, clandestinely sponsored publications such as At Your Own Risk: The Case Against Chiropractic and leveraged pre-publication editorial privileges to shape articles in national outlets like Reader’s Digest and Consumers Report. The AMA further coordinated with state-level medical societies to distribute these materials and amplify their message to healthcare providers and communities nationwide. These documents later became key evidence against the AMA in court.

The Sore Throat Documents: An Unlikely Alliance

In the 1970s, the Church of Scientology infiltrated the AMA’s headquarters during a feud with the organization. While the Scientologist’s moles were focused on discrediting the AMA, they stumbled upon significant evidence of the AMA’s campaign against chiropractors. This evidence, later dubbed the “Sore Throat”^[3] documents (a nod to the Watergate informant “Deep Throat”), detailed the AMA’s efforts to contain and eliminate chiropractic care.

“Sore Throat” anonymously distributed these documents to multiple chiropractic organizations, encouraging them to use the material to challenge the AMA publicly. This resulted in a 1976 lawsuit by Chester Wilk and several other chiropractors against the AMA, as well as several national healthcare associations and physicians, alleging violations of the Sherman Antitrust Act.

The Roadmap to Discovery: Unearthing 26 Boxes of Evidence 

George McAndrews, a successful patent attorney with deep connections to the chiropractic profession, led the chiropractors’ case. McAndrew’s firm, however, had affiliations with prominent medical doctors, prompting his partners to withhold bonuses and secretarial support in protest. This pressure eventually pushed McAndrew to exit the firm with only a small, overwhelmed team of four lawyers and one paralegal to continue the litigation.^[4]

During the discovery process, the court ordered the AMA to preserve documents, but AMA staff claimed a janitor had destroyed key records. Undeterred, McAndrews traveled to 42 states to gather evidence from state medical associations, sleeping in his car and eating peanut butter and jelly sandwiches to save money on the road.^[5] McAndrew’s thriftiness paid off, as he located 26 boxes of records. McAndrews later referred to the state medical associations as “historians with a death wish” because they “wrote everything down and never threw anything away.”^[6]

The AMA’s Reckoning in JAMA: 101 Pages of Accountability

In a 1981 trial, a jury ruled against the chiropractors and favor of the AMA. This verdict, however, was later overturned on appeal due to the admission of irrelevant and prejudicial evidence, as well as improper jury instructions.

In 1987, Wilk and company prevailed in a second trial, this time decided by a judge. In its ruling, the court found the AMA had engaged in a “systematic, long-term wrongdoing” against the chiropractic profession, and had committed other “acts of lawlessness” to end the profession.^[7] To ensure the wider medical community was made aware of the AMA’s conduct, the AMA was required to share the court’s 101-page ruling in its own medical publication, the Journal of the American Medical Association (JAMA). This publication has been credited with helping reshape professional relationships within healthcare, highlighting the importance of accountability and fairness in healthcare competition and ensuring patients had greater autonomy to choose their own care options.

Records That Matter: Protecting Your Business and Reputation

In any business, effective record-keeping is essential for maintaining operational integrity and ensuring regulatory compliance. Properly managed records streamline decision-making and serve as critical evidence of an organization’s operations.

But the Wilk case is a stark reminder that records can be both an asset and a liability. They provide critical evidence of an organization’s activities, but when retained beyond their legal or business purpose, they can become a risk. Organizations must strike a balance—preserving records for compliance and operational needs while defensibly disposing of those that no longer serve a purpose. A disciplined records management program ensures accountability, reduces legal exposure, and prevents ROT from becoming a costly mistake. As the Wilks matter demonstrates, a well-executed records management program can help your organization from also becoming a “historian with a death wish.”

[1] “Wilk v. American Medical Ass’n, 671 F. Supp. 1465 (N.D. Ill. 1987).” Justia Law, 25 Sept. 1987

[2] Jonathan Turner. “Chiropractic, Physicians, Scientology All Clash in New True Legal Thriller | Quad Cities.”

[3] Wolinsky, Howard. “‘Sore Throat,’ the Church of Scientology and the 1970s Plot against the American Medical Association.”

[4] Dudek , Mitch. “George McAndrews Waged Legal War on Behalf of Chiropractors.” Suntimes.com, 18 Apr. 2023

[5] Dudek , Mitch. “George McAndrews Waged Legal War on Behalf of Chiropractors.” Suntimes.com, 18 Apr. 2023

[6] Haldeman, Scott, et al. “The McAndrews Leadership Lecture” Journal of Chiropractic Humanities, vol. 22, no. 1, Dec. 2015, pp. 30–46

[7] “Wilk v. American Medical Ass’n, 671 F. Supp. 1465 (N.D. Ill. 1987).” Justia Law, 25 Sept. 1987

Disclaimer: The purpose of this post is to provide general education on information governance topics. The statements are informational only and do not constitute legal advice. If you have specific questions regarding the application of the law to your business activities, you should seek the advice of your legal counsel.

The post Contain and Eliminate: How Records Saved a Profession and How They Can Become a Liability appeared first on Zasio.