Except for the official memo sent to department employees from Clinton's office directing employees to "avoid conducting official Department business from your personal e-mail accounts".I would probably encounter some problems unless there was an established history of my predecessors using personal email, and in this case the company didn't have a policy that said I couldn't. That's a bit of an apples to oranges comparison.
But, the wording leaves wiggle room. I'll concede to oranges and tangerines.