POLICY

A. Purpose

To further the secure and acceptable use of Berkeley Lab IT and information at Berkeley Lab, this policy:

• Defines no expectation of privacy in use
• Establishes authority to monitor and consent to monitoring
• Establishes policies and procedures for Access without Consent and
• Seeks to ensure that Access without Consent is consistent with the value of privacy in individual activity and behavior that is consistent with the scientific mission of Berkeley Lab

B. Persons Affected

This policy applies to employees and affiliates as well as casual users of Berkeley Lab IT and resources, including collaborators and visitors.

C. Exceptions

Not applicable

D. Policy Statement

1. Expectation of Privacy
   1. No Expectation of Privacy: Users have no expectation of privacy when they use Berkeley Lab IT, subject to applicable state, federal, Department of Energy (DOE), and University of California laws and regulations.
2. Authority to Monitor
   1. Authority: System administrators have limited authority to monitor systems for availability and security; however, only the Chief Information Officer, Laboratory Director, or Deputy Director for Operations may grant broad authority to monitor content and transactions on Berkeley Lab IT for security purposes and acceptable use.
   2. Minimal Access: Employees engaged in monitoring must access the minimum amount of information necessary to accomplish any monitoring task and must treat information in a confidential manner as appropriate.
   3. Notice of Monitoring: This policy serves as Notice of Monitoring. Systems with external users must provide notice to these users. Acceptable ways of providing notice include but are not limited to requiring users to sign an agreement or linking to the Berkeley Lab Privacy and Security Notice.
   4. Exceptions: The monitoring or recording of telephone conversations is illegal without the consent of all parties.
3. Consent to Monitoring
   1. Consent: Use of Berkeley Lab IT constitutes consent to monitoring. Any or all uses of Berkeley Lab IT may be intercepted, monitored, recorded, copied, audited, inspected, and disclosed to authorized University of California, DOE, and law-enforcement personnel. Some Berkeley Lab services are provided by third-party providers or monitored by external parties. Where applicable, employees and affiliates acknowledge monitoring by Berkeley Lab, the third-party provider, or external party. Authorized investigative agencies may access any DOE computer used during the period of access to information on a DOE computer, and for a period of three years thereafter.
   2. Written Consent: Use of Berkeley Lab IT serves as written consent to the requirements and policies of the Berkeley Lab Privacy and Security Notice for that system and all other DOE systems. In addition, SEC 0203 Notice of External Monitoring serves as written consent of external monitoring by third-party providers or external parties.
4. Access without Consent
   1. Individual Access. Individual Access without Consent is access, without a user's permission, to Berkeley Lab information that is normally available to only that user. This access occurs for either investigations or operational necessity and exceeds normal monitoring activities.
   2. Data Access. Data Access without Consent is access to Laboratory Information, which is not normally available to the requestor, which provides individually identifiable information or recordings regarding the activities, actions, or behaviors of employees, affiliates, and other users of Berkeley Lab IT or resources.
   3. Authorizations for Access without Consent
      
      1. Investigation of Wrongdoing: The Laboratory Deputy Director for Operations or Laboratory Counsel must authorize access for purposes of investigation of wrongdoing.
      2. Legal Requests: Laboratory Counsel must authorize access for legal requests, including requests from law enforcement.

      3. Individual Access: The table below defines the authorization required for individual access for operational access and changes. The Access without Consent Procedure contains the list of privacy implicating services.

         Employee or Affiliate Status	Operational Access		Operational Changes
         	Non-privacy implicating	Privacy implicating
         Active or On Leave	Supervisor or equivalent	Division director or designee	Supervisor or equivalent if the individual is unavailable
         Terminated	Supervisor or equivalent	Division director or designee	Supervisor or equivalent

      4. Data Access: The System Owner may authorize access to information for the purposes of operational access or changes.
   4. Fair and Reasonable Access: Employees responsible for authorizing Access without Consent must ensure that requests for access are fair and reasonable, given the potential for abuse inherent in Access without Consent and despite no expectation of privacy in the use of Berkeley Lab IT.
   5. Least Intrusive Means Possible: Methods of access for operational purposes must be limited to the least-intrusive means possible. For example, it is less intrusive to set a vacation message (an operational change) than to give access to e-mail (operational access). Read the service provider guides on this page for help on providing least intrusive means possible.
   6. Minimal Involvement: To maximize confidentiality, the number of persons involved must be limited to only those required to initiate and conduct access.
   7. Electronic Discovery (eDiscovery): The IT Division must provide a point of contact to provide and/or coordinate the provision of access for investigation of wrongdoing and legal requests and to advise on operational access and changes.

E. Roles and Responsibilities

Employees engaged in monitoring or Access without Consent must adhere to the provisions of this policy. This policy also emphasizes the following roles and responsibilities:

F. Definitions/Acronyms

G. Recordkeeping Requirements

None

H. Implementing Documents

I. Contact Information

Information Technology Policy Manager
Information Technology Division
[email protected]

J. Revision History

DOCUMENT INFORMATION

Source Requirements Documents

• DOE Office of Science Program Cyber Security Plan, June 2010
• DOE O 205.1C, Department of Energy Cybersecurity Program
• DOE O 1450.4, Consensual Listening-In to or Recording Telephone/Radio Conversations (archived)
• Contract 31, Clause I.108, DEAR 952.204-77, Computer Security (AUG 2006) (prev. I.124) 

Implementing Documents