A user’s reasonable expectation of privacy is subject to Essential Communications’ right to access e-mail records, including those which have been deleted by the account holder but which may not yet have been deleted centrally, where there is determined to be a clear business need. This need may relate to the need for business access in the absence of an employee, a request under the Local Authority Freedom of Information and Protection of Privacy Act, or to recover evidence while investigating allegations of misconduct and managing actual or potential criminal or civil litigation in which Essential Communications is or may become a party.
If a request for access to e-mail records is received under the Local Authority Freedom of Information and Protection of Privacy Act, or by subpoena, existing records are included and must not be deleted.
Requests for access to e-mail records under the Freedom of Information and Protection of Privacy Act are made to the Program Coordinator who has been designated to oversee compliance with the Act. The Program Coordinator may consult with the Managing Director.
Requests for access to e-mail records by subpoena are made to the Program Coordinator.
Wherever practical, employees will be notified promptly when their e-mail records have been accessed.
Responsibilities of Account Holders
- It is the account holder’s responsibility to ensure that e-mail received at his/her official Essential Communications address is attended to in a timely manner. The account holder may forward the e-mail to be read at another account, but Essential Communications assumes no responsibility for delivery to an external account.
- E-mail messages may be either transitory or required for ongoing purposes. It is the account holder’s responsibility to retain any e-mail message that is required for ongoing purposes and to dispose of any e-mail message that is no longer required.
- Since the e-mail bears identification marks of Essential Communications, account holders are expected to treat e-mail in the same manner as they would use Essential Communications letterhead, and to ensure that all communication is carried on in a professional, respectful and courteous manner.
- Staff are to cc Program Coordinator when communicating with clients in regards to progress.
- Ensure that the your e-mail signature includes Essential Communications’ Privacy Statement as follows:This e-mail contains legally privileged and confidential information intended only for the individual or entity named. If the reader of this e-mail is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination or copying of this communication is prohibited. Any other distribution, disclosure or copying is strictly prohibited. If you have received this communication in error, please reply by e-mail to the sender and delete or destroy all copies of this message.Essential Communications recognizes the importance of privacy and the sensitivity of personal information. We are committed to protecting any personal information we hold.
Responsibilities of Server/Information Technology Services
- Those responsible for maintaining any Essential Communications e-mail servers are responsible for ensuring that institutional standards for security, user authentication and access control are appropriately applied.
- Essential Communications reserves the right to reject any e-mail that could compromise Essential Communications’s network and any systems connected to it. Information Technology Services will put appropriate processes in place to deal with e-mail containing viruses, to reject e-mail from known SPAM sites, and to scan incoming e-mail for SPAM, but Essential Communications has no liability for any damage resulting from e-mail.
If there is reason to suspect that Essential Communications’ policies have been, or are being violated, or that continued access poses a threat to the facility, other users, normal operations, or the reputation of Essential Communications, access privileges of any individual may be withdrawn or restricted.
Following due process, Essential Communications may take one or more of the following actions against anyone whose activities are in violation of this policy:
- Restrictions or loss of access to any or all of the computing facilities and services at Essential Communications.
- Legal action that could result in criminal or civil proceedings.
- In the case of employees, disciplinary action up to and including termination.
Termination of an Account
- Access to Essential Communications e-mail accounts will be available only to current employees.
- All accounts will be deleted when staff are no longer directly associated with Essential Communications.