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If you have any questions, please contact Isaac Straley (4-1471).

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Q: An employee has separate separated from the University and s/he has business emails or files which are needed for business operations.  Can I access those emails or files?

A: Under the ECP, you must obtain permission from the employee to access her/his emails. Units should create an authorization form as part of the separation paperwork. If authorization was not obtained or granted, then access without consent procedures must be followed.

The ECP does not normally apply to files on the computer, however individuals still have a constitutional reasonable expectation of privacy. Separation forms should include files.  If authorization was not obtained or granted, the then access without consent procedures must should be followed.

Q: An employee has a medical emergency and is not available.  S/he has email needed for an urgent business need. Can I search her/his email for the message or can I forward his/her email to another email address?

A: Under the ECP, you may not access the email account without getting access without consent approval.  You also may not forward emails temporarily to another business email address unless authorized under the access without consent procedures.  You may post a vacation message response which includes the appropriate business email address.

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A: You may create a backup copy or snapshot of the data, but you cannot access it without consent.  It is better to obtain consent or authorization first.

Q: Law enforcement has requested information and has a subpoena or search warrant to obtain it.

A: If the information is protected under the ECP and individual has not consented, access without consent procedures must be followed.

Q: There is an emergency situation and the information is time-sensitive.

A: If the information is protected under the ECP and individual has not consented, access without consent procedures must be followed.