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UCLA Policy 455:
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UCLA Email Policy and Guidelines |
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Issuing Officer:
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Associate Vice Chancellor, Information Technology |

Printable View
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Responsible Dept:
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Office of Information Technology |
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Effective Date:
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November 8, 2006 |
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Supersedes:
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UCLA Policy 455, dated 5/16/2003 |
I. INTRODUCTION
This Policy clarifies the applicability of law and of other University policies to Electronic Mail. It also defines new policy and procedures where existing policies do not specifically address issues particular to the use of Electronic Mail.
Electronic Mail is a primary means of communication in support of the University’s mission of teaching, research and public service. UCLA facilitates the widespread use of email by providing Email Services to current employees and students and, in some cases, to those that have left the University, including all students who have earned a degree from UCLA.
The University recognizes that principles of academic freedom and shared governance, freedom of speech, and privacy of information hold important implications for Electronic Mail and Electronic Mail Services. The University affords Electronic Mail privacy protections comparable to those which it traditionally affords paper mail and telephone communications. This Policy reflects these firmly-held principles within the context of the University’s legal and other obligations.
The University encourages the use of Electronic Mail and respects the privacy of users. It does not routinely inspect, monitor, or disclose Electronic Mail without the Holder’s consent. Nonetheless, subject to the requirements for authorization, notification, and other conditions specified in this Policy, the University may deny access to its Electronic Mail Services and may inspect, monitor, or disclose Electronic Mail (i) when required by and consistent with law; (ii) when there is Substantiated Reason to believe that violations of law or of University policies listed in Attachment C have taken place; (iii) when there are Compelling Circumstances; or (iv) under Time-dependent, Critical Operational Circumstances as those terms are defined below.
The University Electronic Communications Policy (ECP), revised as of August 18, 2005, is fully applicable to the UCLA campus. This campus Policy reflects all of the relevant provisions in the ECP concerning Email and has been extended to include certain required campus implementations in the area of Electronic Mail only. Provisions developed as local campus implementations or extensions of the ECP are identified throughout this policy by the placement of “UCLA” as a modifier in the section headings, definitions, or portions of text instead of the general reference to “University”.
II. PURPOSE
The
purpose of this Policy is to assure that:
- The UCLA campus community is informed of the provisions of the UC ECP relevant to Email, extensions of the policy made applicable to the UCLA Campus, and the applicability of other policies and laws to Electronic Mail;
- Electronic
Mail Services are used in compliance with those policies and laws;
- Users
of Electronic Mail Services are informed about how concepts of
privacy and security apply to Electronic Mail; and
- Disruptions
to University Electronic Mail and other services and activities
are minimized.
III.
DEFINITIONS
The
terms "Electronic Mail" and "Email" are used interchangeably throughout
this Policy.
Compelling
Circumstances: Circumstances where failure to act may result in significant bodily harm, significant property loss or damage, loss of significant evidence of one or more violations of law or of University policies listed in Attachment C, or significant liability to the University or to members of the University community.
Computing
Facility or Facilities: Computing resources, services, and network systems such as computers and computer time, data processing and storage functions, computer systems and services, servers, networks, input/output and connecting devices, and related computer records, programs, software, and documentation.
Electronic
Mail, Email Record or Email: Any of several electronic computer records or messages created, sent, forwarded, replied to, transmitted, stored, held, copied, downloaded, displayed, viewed, read, or printed by one or several Email Systems or Services. This definition of Email Records applies equally to the contents of such records and to transactional information associated with such records, such as headers, summaries, addresses, and addressees.
Electronic
Mail Systems or Services: Any messaging system that depends on Computing Facilities to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print computer records for purposes of asynchronous communication across computer network systems between or among individuals or groups, that is either explicitly denoted as a system for Electronic Mail or is implicitly used for such purposes, including services such as electronic bulletin boards, listservers, and newsgroups.
Emergency
Circumstances: Circumstances where time is of the essence and where there is a high probability that delaying action would almost certainly result in Compelling Circumstances.
Faculty: A member of the academic community defined as Faculty Academic Personnel Policy 110-4 (14).
Holder
of an Email Record or Email Holder: An Email User who is in Possession of a particular Email Record, regardless of whether that Email User is the original creator or a recipient of the content of the record.
Official UCLA Email Communication: Any Email communication from a UCLA department or unit, or an official of such department or unit, to a current, former or prospective UCLA employee, student or other person affiliated with UCLA concerning any University academic, administrative, or other business subject.
Possession of Email: An individual is in "possession" of an Email Record, whether the original record or a copy or modification of the original record, when that individual has effective control over the location of its storage. Thus, an Email Record that resides on a computer server awaiting download to an addressee is deemed, for purposes of this Policy, to be in the possession of that addressee. Systems administrators and other Operators of University Email Services are excluded from this definition of Possession with regard to Email not specifically created by or addressed to them.
Email
Users are not responsible for Email in their Possession when they
have no knowledge of its existence or contents.
Substantiated
Reason: Reliable evidence indicating that a violation of law or of policies listed in Attachment C probably has occurred, as distinguished from rumor, gossip, or other unreliable evidence.
Time-dependent
and Critical Operational Circumstances: Circumstances where failure to act could seriously hamper the ability of the University to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities, or to Faculty research or matters of shared governance.
UCLA Authorizing Official: the UCLA administrator identified in the Table in Section V.E.2. of this Policy with the ability to approve access to a UCLA Email User’s Email without the consent of the user under certain circumstances as set forth in the section.
UCLA Lifetime Email Address: a UCLA Email address that is intended to last indefinitely, whether as an Email account for a student or as a mechanism to forward email to another account following the graduation of the student from the University, and to facilitate consistent and reliable communication of University business-related matters.
UCLA Operator of University Email Systems or Facilities (Operator): The departmental computer system operator(s) or Email System administrator(s) responsible for operating and maintaining the department’s Email System.
UCLA Provider of Email System or Service (Provider): An organization, department or unit of UCLA, as represented by the department head of such unit, that provides and maintains an Email System or Services for the use of its Faculty, staff, and/or students.
University
Email Record: A University Record in the form of an Email Record regardless of whether any of the Computing Facilities utilized to create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print the Email Record are owned by the University. This implies that the location of the record, or the location of its creation or use, does not change its nature as: (i) a University Email Record for purposes of this or other University policy (see, however, Sections V. D and E), and (ii) having potential for disclosure under the California Public Records Act. Until determined otherwise or unless it is clear from the context, any Email Record residing on University-owned Computing Facilities may be deemed to be a University Email Record for purposes of this Policy. This includes, for example, personal Email (see Section VI. A. 9). Consistent, however, with the principles asserted in Section V. E. of least perusal and least action necessary and of legal compliance, the University must make a good faith a priori effort to distinguish University Email Records from personal and other Email where relevant to disclosures under the California Public Records Act and other laws, or for other applicable purposes of this Policy.
University
Email Systems or Services: Electronic Mail Systems or services owned or operated by the University or any of its sub-units.
University
Record: A "public record" as defined in Business & Finance Bulletin RMP-8, Legal Requirements on Privacy of and Access to Information and the California Public Records Act. "Public records" include any writing containing information relating to the conduct of the public's business prepared, owned, used, or retained (by the University) regardless of physical form or characteristics. [California Government Code Section 6252(d)]. With certain defined exceptions, such University Records are subject to disclosure under the California Public Records Act.
Records
held by students, including Email, are not University Records unless
such records are pursuant to an employment or agent relationship
the student has or has had with the University. This exemption does
not, however, exclude student Email from other aspects of this Policy,
regardless of whether such Email is a University Record.
Use of University or Other Email Services; (University) Email User: To create, send, forward, reply to, transmit, store, hold, copy, download, display, view, read, or print Email (with the aid of University Email Services). A (University) Email User is an individual who makes use of University Email Services.
Receipt
of Email prior to actual viewing is excluded from this definition
of "use" to the extent that the recipient does not have advance
knowledge of the contents of the Email Record.
IV.
SCOPE
This Policy applies to:
- All
Electronic Mail Systems and Services provided or owned by the
University;
- All Email Users, Holders, and uses of University Email Services;
- All
University Email Records in the Possession of University employees
or other Email Users of Electronic Mail Services provided by the
University.
This Policy applies only
to Electronic Mail in its electronic form. The Policy does not apply
to printed copies of Electronic Mail. However, other University
Records management policies do not distinguish among the media in
which records are generated or stored (see RMP series policies listed
in Attachment B - References). Electronic Mail messages, therefore,
in either their electronic or printed forms, are subject to those
other policies, including provisions of those policies regarding
retention and disclosure.
This Policy applies equally
to transactional information (such as Email headers, summaries,
addresses, and addressees) associated with Email Records and attachments
to such records as it does to the contents of those records.
This Policy also applies
to the Providers and Operators of University Email Systems and Services
as it does to the users of such services. .
V.
GENERAL PROVISIONS
As noted in the Introduction, the University recognizes that principles
of academic freedom, freedom of speech, and privacy of information
hold important implications for Electronic Mail and Electronic Mail
Services. This Policy reflects these firmly-held principles within
the context of the University's legal and other obligations.
A.
Purpose
In support of its threefold
mission of instruction, research, and public service, the University
encourages the Use of University Electronic Mail Services to share
information, to improve communication, to transact business, and
to exchange ideas.
B.
University Property
University Electronic Email
Systems and Services are University facilities as that term is used
in other policies and guidelines. Any Electronic Mail address or
account associated with the University, or any sub-unit of the University,
assigned by the University to individuals, sub-units, or functions
of the University, is the property of The Regents of the University
of California.
C.
Service Restrictions
Those who use University
Electronic Mail Services are expected to do so responsibly, that
is, to comply with state and federal laws, with this and other policies
and procedures of the University, and with normal standards of professional
and personal courtesy and conduct.
1.
General Restriction of Services
Access
to University Electronic Mail Services, when provided, is a privilege
that may be wholly or partially restricted by the University without
prior notice and without the consent of the Email User:
- when
required by and consistent with law;
- when
there is a Substantiated Reason to believe that violations of
policy or law have taken place; or
- in
exceptional cases, when required to meet Time-dependent, Critical
Operational Needs.
Personnel
policies and procedures applicable to UCLA staff, including collective
bargaining agreements, employment contracts, the Faculty Code
of Conduct or the Student Code of Conduct may contain or imply
other restrictions to an individual's Email Service.
A
UCLA Provider may restrict access to Email Services to a particular
user or users in accordance with the provisions of this Policy.
A Provider intending to restrict an individual's Email Services
must ensure that the action is in compliance with the policies
and procedures that govern the individual's employment or, in
the case of an individual not employed by the University, with
any written agreement.
2.
Allegations of Misuse of UCLA Email Services
Allegations
concerning the misuse of Electronic Mail Services involving UCLA
Faculty should be brought immediately to the attention of either
the Department Chair of the employing department or the Dean of
the appropriate school or division. Allegations regarding UCLA
students should be coordinated with the Dean of Students Office.
In
situations involving UCLA employees subject to staff policies,
collective bargaining agreements or employee contracts, any proposed
action should be coordinated with the employee's department and
UCLA's Employee and Labor Relations Office. Suspected violations
of law should be reported to the UCLA Police.
3.
Notification of Restriction of Use of UCLA Email Services
The
Email User shall be notified of the scope, reason and duration
of the restriction consistent with applicable University policy.
Email Services may be restored when the situation that occasioned
the restriction of service has been resolved.
4.
Restriction Upon Termination of UCLA Affiliation
UCLA Providers shall be required to terminate the access to Email Services of any individual, department, or group when such individual, department, or group ceases its affiliation with the University or is otherwise no longer eligible to utilize campus Email Services. Unless the Provider has defined otherwise, use will be canceled when Faculty, students, staff, contractors, etc., terminate their association with UCLA. UCLA Providers may, but are not required to, provide former Email Users with Email forwarding services, the duration of any such forwarding service to be at the discretion of the Provider. UCLA Providers shall provide notification prior to any service discontinuance.
This restriction on services upon termination of UCLA affiliation notwithstanding, UCLA Providers who have been designated for the purpose by the Office of the Registrar may issue a UCLA Lifetime Email Address to qualifying students as provided in VI.A.9, below.
D.
Consent and Compliance
An
Email Holder's consent shall be sought by the University prior to
any inspection, monitoring, or disclosure of University Email Records
in the Holder's Possession, except as provided for in Section V.E.
University employees are, however, expected to comply with University
requests for copies of Email Records in their Possession that pertain
to the administrative business of the University, or whose disclosure
is required to comply with applicable laws, regardless of whether
such records reside on a computer housed or owned by the University.
Failure to comply with such requests can lead to the conditions
of Section V.E.
In
order to reduce the need to access an employee's Email in the event
of that employee's absence, UCLA departments and units may use,
individually or in combination, a number of techniques, such as:
- Email
forwarding, if available and with the consent of the Email Holder,
so that during planned absences employees can forward Email to
the person responsible for performing the work in their absence;
- common
workgroup files for departmental-related business so that Email
Records can be accessed by others in the employee's absence;
- an
"on vacation" program, so that during absences correspondents
can be advised to re-route business Email to an alternative address.
E.
Access Without Consent
The
University shall only permit the inspection, monitoring, or disclosure
of Electronic Mail without the consent of the holder of such Email
(i) when required by and consistent with law; (ii) when there is
a Substantiated Reason to believe that a violation of law or of
a University policy listed in Attachment C has taken place; (iii)
when there are Compelling Circumstances; or (iv) under Time-dependent,
Critical Operational Circumstances.
When
the contents of Email must be inspected, monitored, or disclosed
without the Holder's consent, authorization for such access must
be obtained in accordance with the following procedures.
Except
in Emergency Circumstances, as described below, such actions must
be authorized in advance and in writing by the responsible UCLA
Authorizing Official. Authorization shall be limited to the least
perusal of contents and the least action necessary to resolve the
situation.
1.
UCLA Access Request
The
person seeking access to the Email Records for the purpose of
inspecting, monitoring, or disclosing such records shall bring
a request in advance of the access to the attention of the affected
Email Holder's Department/Unit Head or Dean. The requestor shall
be responsible for preparing a "UCLA Authorization Form for Non-Consensual
Access to Email Records" for this purpose and obtaining the required
authorizations (see Attachment D). Where there is a Substantiated
Reason to believe that a violation of criminal law has taken place,
the request for authorization for access to Email Records will
be made by the UCLA Police Chief.
2.
UCLA Authorization
Authorization
for the inspection, monitoring, or disclosure of Electronic Mail
without the consent of the Email Holder must be obtained in advance
and shall be made by the following UCLA Authorizing Officials
depending upon the status of the affected Email Holder:
| UCLA E-Mail Holder
Status |
UCLA Authorizing
Official |
| Faculty |
Vice Chancellor
- Academic Personnel, after consulting with Campus Counsel
and with the written advice of the Chair of the Academic Senate,
may so authorize the Department/Unit Head or Dean. |
| Student
(Not in a capacity as a Staff Employee) |
Vice Chancellor
- Student Affairs, after consulting with Campus Counsel, may
so authorize the Dean of Students. |
| Staff
Employee or Student in a capacity as a Staff Employee (Non-Medical
Center, Non-Schools of Medicine & Dentistry) |
Administrative Vice Chancellor, after consulting with Campus Counsel and/or Campus Human Resources, may so authorize the Department/Unit Head or Dean. |
| Staff
Employee of the Medical Enterprise (Medical Center or Schools
of Medicine & Dentistry) or Student in a capacity as such
Staff Employee |
Associate Vice Chancellor & CEO - Hospital Systems, after consulting with Medical Center Counsel and/or Medical Center Human Resources, may so authorize the Department/Unit Head Associate Administrator. |
This authority may also be exercised by the Chancellor or the Executive Vice Chancellor/Provost without regard to the status of the affected Email Holder. This authority may not be further redelegated.
The authorization
shall be in writing and shall be based on a request submitted
in writing. The "UCLA Authorization Form for Non-Consensual Access
to Email Records" (Attachment D) is intended for this purpose.
The authorization shall be limited to the least perusal of contents
and the least action necessary to resolve the matter.
Campus Counsel's advice shall be sought prior to authorization because of changing interpretations by the courts of laws affecting the privacy of Electronic Mail, and because of potential conflicts among different applicable laws. Where the inspection, monitoring, or disclosure of Email held by Faculty is involved, the advice of the Campus Academic Senate shall be sought in writing in advance. All such advice shall be given in a timely manner.
3.
UCLA Authorization under Special Circumstances
Authorization
under certain special circumstances is to be provided as follows:
- Violation
of Criminal Law
The UCLA
Police Chief will request authorization for access to Email
Records when there is Substantiated Reason to believe that
violations of law have taken place, following the procedure
set forth above. In the event of compelling, or Time-dependent,
Critical Operational Circumstances, the emergency procedure
set forth below will be followed instead.
- Preservation
of Evidence
A Department/Unit Head or Dean may request authorization to take steps to secure Email Records to preserve evidence when there is a Substantiated Reason to believe that violations of law or of University policies have taken place, following the procedure set forth in Section E above. However, no such evidence may be inspected or disclosed without written authorization as specified herein. In the event of a Compelling Circumstances, or Time-dependent and Critical Operational Circumstances, the emergency procedure set forth in Subsection 4 below, will be followed instead.
4.
Emergency Circumstances
In Emergency
Circumstances the least perusal of contents and the least action
necessary to resolve the emergency may be taken immediately without
authorization, but appropriate authorization must then be sought
without delay following the procedures described above. Such Emergency
Circumstances may include Compelling Circumstances or Time-dependent
and Critical Operational Circumstances. If the action taken is
not subsequently authorized, the responsible authority shall seek
to have the situation restored as closely as possible to that
which existed before action was taken.
5.
Notification
In either
case, the responsible authority or designee shall, at the earliest
possible opportunity that is lawful and consistent with other
University policy, notify the affected individual of the action(s)
taken and the reasons for the action(s) taken. Each campus will
publish, where consistent with law, an annual report summarizing
instances of authorized or emergency non-consensual access pursuant
to the provisions of this section.
The UCLA Authorizing Official, as identified in the table under section V.E.2. above, shall be responsible for tracking instances of authorized or emergency non-consensual access and reporting such information to the UCLA Director, Information Technology Policy. The UCLA Director, IT Policy shall be responsible for tabulating the non-consensual access data for the campus and providing the annual report as called for above. The UCLA Director, IT Policy shall provide a copy of such annual report to the Chair of the UCLA Academic Senate.
6.
Compliance with Law
Actions taken
under this section, including access to Email Records residing
on computers not owned or housed by the University, shall be in
full compliance with the law and other applicable University policy,
including laws and policies listed in Attachment B. Advice of
counsel always must be sought prior to any action taken under
such circumstances, particularly with respect to Email Records
whose content is protected under the Federal Family Educational
Rights and Privacy Act of 1974, which applies equally to Email
as it does to print records.
F. UCLA Recourse
UCLA Email
Users who believe that actions taken by employees or agents of the
University were in violation of this Policy regarding procedures
for review and appeal of actions taken under Sections V.C. and E.
may file a complaint with the appropriate UCLA Authorizing Official
as noted above in Section V.E.2. The decision of the UCLA Authorizing
Official may be appealed to the Executive Vice Chancellor, whose
decision is final.
G. Misuse
In general,
both law and University policy prohibit the theft or other abuse
of computing resources. Such prohibitions apply to Electronic Mail
Services and include, but are not limited to, unauthorized entry,
use, transfer, and tampering with the accounts and files of others,
and interference with the work of others and with other Computing
Facilities. Under certain circumstances, the law contains provisions
for felony offenses. Users of Electronic Mail are encouraged to
familiarize themselves with these laws and policies (see Attachment
B, References).
VI.
SPECIFIC PROVISIONS
A.
Allowable Use
In general, Use of University
Electronic Mail Services is governed by policies that apply to the
use of all University facilities. In particular, Use of University
Electronic Mail Services is encouraged and is allowable subject
to the following conditions:
1.
Purpose
Electronic
Mail Services are to be provided by University organizational
units in support of the teaching, research, and public service
mission of the University, and the administrative functions that
support this mission.
2.
Users
Users
of University Electronic Mail Services are to be limited ordinarily
to University students, Faculty, and staff for purposes that conform
to the requirements of this Policy.
A
Provider may choose to provide or not provide Email Services to
defined categories of users, and may limit the types of services
offered based upon consideration of campus or local department
or unit missions, available resources, or other academic or business
needs and priorities.
Examples
of other categories which Providers may deem eligible for access
to campus Email Services include, but are not limited to:
- emeriti
Faculty;
- students who have earned a degree from UCLA;
- Faculty at other University of California campuses;
- individuals
in the Visiting Scholar Program, exchange students, or other
participants in their educational programs;
-
contractors, independent consultants, temporary agency employees
or similar qualifying individuals for the sole purpose of conducting
their business with the University; or
- groups
as defined by the UC Policy on Support Groups, Campus Foundations
and Alumni Associations.
Email
Services may be provided for individuals, groups, or entities
not affiliated with the University provided such use is determined
to be in the institutional interests of the University and, provided
further, that the terms, conditions, and restrictions to be placed
on such use are contained in a written agreement.
3.
Non-Competition
University
Electronic Mail Services shall not be provided in competition
with commercial services to individuals or organizations outside
the University.
4.
Restrictions
University Electronic Mail Services may not be used for: unlawful activities; commercial purposes not under the auspices of the University; personal financial gain (see applicable academic personnel policies); personal use inconsistent with VI.A.11; or uses that violate other University policies or guidelines. The latter include, but are not limited to, policies and guidelines (see Attachment B, References) regarding intellectual property, or regarding sexual or other forms of harassment.
5.
Representation
Electronic
Mail Users shall not give the impression that they are representing,
giving opinions, or otherwise making statements on behalf of the
University or any unit of the University unless appropriately
authorized (explicitly or implicitly) to do so. Where appropriate,
an explicit disclaimer shall be included unless it is clear from
the context that the author is not representing the University.
An appropriate disclaimer is: "These statements are my own, not
those of the University of California."
6.
False Identity
University
Email Users shall not employ a false identity. Email may, however,
be sent anonymously provided this does not violate any law or
this or any other University policy, and does not unreasonably
interfere with the administrative business of the University.
7. Mass Messaging
A UCLA Email User shall not send or forward unsolicited bulk email messages (also known as “spam”; see VI.A.10, below), including any attachments to such messages, to mailing lists, to other UCLA Email Users, or to other non-UCLA persons. The mass messaging of content related to University business or activities sent to a specific target audience using campus list services, BruinPost or user-created distribution lists is permitted, provided that the name of the sender is properly identified and the University-business-related purpose of the Email is clearly stated in the message. Subscribers to a UCLA-sponsored electronic mailing list will be deemed as having solicited any material delivered by such a service so long as the material is consistent with the list's purpose and the service has published a procedure for opting out of the service. Mass messaging to UCLA students must be coordinated through the Office of the Registrar, consistent with the Registrar’s Policy for Access to Student Lists. UCLA Electronic Mail Services may be used for incidental personal purposes in accordance with VI.A.11, below.
8. Use of Official UCLA Email Communication
University departments or units may send communications concerning official University business to UCLA Faculty, staff and students by means of Email as they determine such means of communications to be more efficient and expeditious than paper mailings. Students are responsible for designating one Email address for receipt of Official UCLA Email Communication. Academic units or Faculty that wish to send department or course-specific Emails to their students may do so at their discretion via department-issued Email addresses not specifically designated for receiving Official UCLA Email Communications. Faculty, staff and students are responsible for checking their Email with regularity to stay current with Official UCLA Email Communications.
9. Provision of UCLA Lifetime Email Address
Every UCLA student enrolled in regular session or summer session courses at UCLA as determined by the Office of the Registrar shall be issued a UCLA email address by a UCLA Provider of Email Service designated for such purpose by the Office of the Registrar. A student who has earned a degree from UCLA, as determined by the Office of the Registrar, shall be entitled to continue using this email address as a UCLA Lifetime Email Address provided that such use conforms to the provisions of this policy and such other guidelines as may be issued by the University or the UCLA Lifetime Email Address provider.
10. Interference
University
Email Services shall not be used for purposes that could reasonably
be expected to cause, directly or indirectly, excessive strain
on any Computing Facilities, or unwarranted or unsolicited interference
with others' use of Email or Email Systems. Such uses include,
but are not limited to, the use of Email Services to: (i) send
or forward Email chain letters; (ii) "spam," that is, to exploit
listservers or similar broadcast systems for purposes beyond their
intended scope to amplify the widespread distribution of unsolicited
Email; and (iii) "letter-bomb," that is, to resend the same Email
repeatedly to one or more recipients to interfere with the recipient's
use of Email.
11. Personal Use
University
Electronic Mail Services may be used for incidental personal purposes
provided that, in addition to the foregoing constraints and conditions,
such use does not: (i) directly or indirectly interfere with the
University operation of Computing Facilities or Electronic Mail
Services; (ii) burden the University with noticeable incremental
cost; or (iii) interfere with the Email User's employment or other
obligations to the University. Email Records arising from such
personal use may, however, be subject to the presumption in the
definition of a University Email Record regarding personal and
other Email Records. Email Users should assess the implications
of this presumption in their decision to use University Electronic
Mail Services for personal purposes.
B.
Security and Confidentiality
The obligations of Providers
and users of Email Services with respect to security and confidentiality
are as follows:
1.
Limitations on Confidentiality
Confidentiality
of Email may be compromised by the applicability of law or policy,
including this Policy, by unintended redistribution, or because
of the inadequacy of current technologies to protect against unauthorized
access. Users, therefore, should exercise extreme caution in using
Email to communicate confidential or sensitive matters.
2.
Unauthorized Access or Disclosure
Business
and Finance Bulletin RMP-8, Legal Requirements on Privacy of and
Access to Information, prohibits University employees and others
from "seeking out, using, or disclosing" without authorization
"personal or confidential" information, and requires employees
to take necessary precautions to protect the confidentiality of
personal or confidential information encountered in the performance
of their duties or otherwise. This prohibition applies to Email
Records. In this Policy the terms "inspect, monitor, or disclose"
are used within the meaning of "seek, use, or disclose" as defined
in RMP-8.
3.
Access by Computer Operations Personnel in the Performance of
Their Duties
Notwithstanding
the previous paragraph, users should be aware that, during the
performance of their duties, network and computer operations personnel
and system administrators need from time to time to observe certain
transactional addressing information to ensure proper functioning
of University Email Services, and on these and other occasions
may inadvertently see the contents of Email messages. Except as
provided elsewhere in this Policy, they are not permitted to see
or read the contents intentionally; to read transactional information
where not germane to the foregoing purpose; or disclose or otherwise
use what they have seen.
One
exception, however, is that of systems personnel (such as "postmasters")
who may need to inspect Email when re-routing or disposing of
otherwise undeliverable Email. This exception is limited to the
least invasive level of inspection required to perform such duties.
Furthermore, this exception does not exempt postmasters from the
prohibition against disclosure of personal and confidential information
of the previous paragraph, except insofar as such disclosure equates
with good faith attempts to route the otherwise undeliverable
Email to the intended recipient. Re-routed mail normally should
be accompanied by notification to the recipient that the Email
has been inspected for such purposes.
4.
Security of Email Records
The
University attempts to provide secure and reliable Email Services.
Providers of University Electronic Mail Services are expected
to follow sound professional practices in providing for the security
of Electronic Mail Records, data, application programs, and system
programs under their jurisdiction. However, such professional
practices and protections are not foolproof and the security and
confidentiality of Electronic Mail cannot be guaranteed. Furthermore,
Operators of Email Services have no control over the security
of Email that has been downloaded to a user's computer. Email
Users should employ whatever protections (such as passwords) that
are available to them as a deterrent to potential intruders and
to misuse of Email.
5.
Discarded Email Records
Users
of Electronic Mail Services should be aware that, even though
the sender and recipient have discarded their copies of an Electronic
Mail Record, there may be back-up copies that can be retrieved.
Systems may be "backed up" on a routine or occasional basis to
protect system reliability and integrity, and to prevent potential
loss of data. The back-up process results in the copying of data
onto storage media that may be retained for periods of time and
in locations unknown to the originator or recipient of Electronic
Mail. The practice and frequency of back-ups and the retention
of back-up copies of Email vary from system to system. Electronic
Mail users are encouraged to request information on the back-up
practices followed by the Operators of University Electronic Mail
Services, and such Operators are required to provide such information
upon request.
6.
UCLA Email Addresses
Email
addresses that are issued by a UCLA Provider to students, staff,
faculty or others affiliated with UCLA are generally considered
to be public information and as such, may be made available in
electronic or paper directories.
-
The student Email address is considered Personally Identifiable
Information under the provisions of the Federal Family Educational
Rights and Privacy Act (FERPA) and state law, which are incorporated
in University policies applying to the disclosure of information
from student records. In the category of Personally Identifiable
Information, UCLA has designated the student Email address as
Public Information, the release of which must be in compliance
with the provisions of UCLA Policy 220 (Disclosure of Information
from Student Records). An Email address that is included in
the UCLA employment records of a student who is employed as
a result of his/her status as a student is a Student Record
under the provisions of UCLA Policy 220. The release of Email
addresses from Student Records must comply at all times with
the laws and policies governing the disclosure of student information.
-
Email addresses of UCLA faculty, staff and others affiliated
with UCLA are generally considered as non-personal information
and may be released upon request in accordance with applicable
policies and laws.
C.
Archiving and Retention
University Records management
policies do not distinguish among media with regard to the definition
of University Records. As such, Electronic Mail Records are subject
to these policies. In particular, such records are subject to disposition
schedules in the University of California Records Disposition Schedules
Manual, which distinguishes among different categories of records,
from the ephemeral to the archival.
The University does not maintain
central or distributed Electronic Mail archives of all Electronic
Mail sent or received. Electronic Mail is normally backed up, if
at all, only to ensure system integrity and reliability, not to
provide for future retrieval, although back-ups may at times serve
the latter purpose incidentally. Operators of University Electronic
Mail Services are not required by this Policy to retrieve Email
from such back-up facilities upon the Holder's request, although
on occasion they may do so as a courtesy.
Email Users should be aware
that generally it is not possible to ensure the longevity of Electronic
Mail Records for record-keeping purposes, in part because of the
difficulty of guaranteeing that Electronic Mail can continue to
be read in the face of changing formats and technologies and in
part because of the changing nature of Electronic Mail Systems.
This becomes increasingly difficult as Electronic Mail encompasses
more digital forms, such as embracing compound documents composed
of digital voice, music, image, and video in addition to text. Furthermore,
in the absence of the use of authentication systems, it is difficult
to guarantee that Email documents have not been altered, intentionally
or inadvertently.
Email Users and those in
Possession of University Records in the form of Electronic Mail
are cautioned, therefore, to be prudent in their reliance on Electronic
Mail for purposes of maintaining a lasting record. Where long-term
accessibility is an issue, sound business practice suggests that
consideration be given to transferring (if possible) Electronic
Mail to a more lasting medium/format, such as acid-free paper or
microfilm.
VII. POLICY VIOLATIONS
Violations of law or University policies in the Use of University
Electronic Mail Services may result in restriction of access to
University information technology resources. In addition, disciplinary
action, up to and including dismissal, may be applicable under other
University policies, guidelines, implementing procedures, or collective
bargaining agreements.
VIII. ATTACHMENTS
A.
Cautions in the Use of Email
B.
Policy and Law References (updated as of April 2005)
C. Policies Relating to Non-consensual Access to Email
D. UCLA Authorization Form for Non-consensual Access to Email Records (Rev. 11/2005)
| Issuing
Officer |
| /s/ James Davis |
____________________________________________
Associate Vice Chancellor - Information Technology
|
Questions
concerning this policy or procedure should be referred to
the Responsible Department listed at the top of this document.
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