My take on it though is that privacy is digital and not analogue. Back in the 1980s I had a policy of "don't talk about illegal activities using electronic communication" because even then it would have been feasible to attach a hard drive recorder to a telephone exchange. When I've been involved in situations (like HR) where there was an outside possibility of legal problems I've always tried to talk to people face-to-face and not use email so, in case there is legal discovery, there are no documents to discover.