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Approval to Access Berkeley Campus Electronic Communications
The University of California Electronic Communications Policy (ECP) affirms that the University does not examine or disclose electronic communications records without the holder's consent — except under very limited circumstances as described in ECP § IV.B, "Access Without Consent".
Consent of the "holder" is normally required:
An electronic communication holder's (*) consent shall be obtained by the University prior to any access for the purpose of examination or disclosure of the contents of University electronic communications records in the holder's possession (see ECP section IV. Privacy and Confidentiality) — except under very limited circumstances.
Access without consent:
When the contents of electronic communications must be inspected, monitored, or disclosed without the holder's consent, such actions must be authorized as described in ECP § IV.B.: Access Without Consent. (See that Policy for detailed information: http://www.ucop.edu/ucophome/policies/ec/).
Situations requiring advice of legal Counsel:
Advice of an appropriate UC Attorney must be sought in advance, even under "emergency circumstances", before gaining access without the holder's consent to any University electronic communications either:
- requested by means of a search warrant or subpoena;
- stored on equipment not owned or housed by the University; or
- whose content is protected under the federal Family Educational Rights and Privacy Act (FERPA — which pertains to student records).
Procedures for requesting access without consent:
The Berkeley Campus authorizing official for top-level approval of requests for access without consent under the provisions of the ECP is the Chief Information Officer (CIO).
Download request form in PDF or Word format to obtain non-consensual access to electronic communications. The form may be modified to reflect local departmental or unit approval procedures, as long as the information required for approval under the ECP § IV.B. is provided.
General coordination and assistance:
The Office of the CIO — Security, Privacy and Policy department is responsible for coordinating any requests under the ECP for access to electronic communication records without the consent of the holder. Questions about these procedures or about other ECP provisions may be directed to: itpolicy@berkeley.edu, ph: (510) 642-4095. Also see: Campus Privacy & Confidentiality Resource Contacts.
Related resources:
- Berkeley Campus Implementation of the UC Electronic Communications Policy
- Guidelines for Use of Campus Network Data Reports
- How to Respond to Requests for Electronic Evidence
* Systems administrators and other operators of University electronic communications services are excluded with regard to electronic communications not specifically created by or addressed to them.