STATE OF WYOMING Electronic Mail Policy

Introduction: STATE OF WYOMING Electronic Mail Policy Pursuant to Executive Order 1999-4 dated the 23rd of December, 1999 Electronic mail (e-mail) enables the user to send and receive messages, make appointments, or coordinate work schedules rapidly and efficiently. The advantages of e- mail have caused a rapid growth in the use of this technology. With the rapid expansion of e-mail throughout Wyoming State agencies, more data are being transmitted between employees without the use of traditional paper documents. This trend increases the possibility of State records being lost before completing their retention cycle, and the messages being subpoenaed for use in litigation. Records contained within the e-mail system need to be identified and controlled in the same manner as any other record. This policy shall apply to all State of Wyoming employees whether full-time, part-time, or contract as well as all individuals contracted to perform work for the State. Each agency may develop its own e-mail policy provided that, at a minimum, all provisions set forth in this policy are contained in its policy. In such a case, the agency s e-mail policy shall take precedence over this policy. Users are cautioned that the use of e-mail and attachments thereto may create the need to preserve other forms of data, such as graphics files, digital photographs, sound or wave files and video clips. When using these data forms in conjunction with the e-mail system, please consult your agency s policies or computer specialist for advice on the use and preservation of such data. Public records, including those created in e-mail, are the property of the State of Wyoming. W.S. 16-4-201 defines public records for the purposes of those records available for public inspection. W.S. 9-2-401 defines public records for purposes of management of public records by the Department of State Parks and Cultural Resources. General Notice: A. Electronic mail is an electronic file which is transmitted to other computer users. When transmitted to a recipient, electronic mail may create the sender's electronic file in the recipient's computer system. Deleting electronic mail does not ensure erasure of all copies of the file. Copies of deleted files may be stored remotely for long periods of time, and can be accessed and disclosed. Therefore, employees should not expect their electronic communications to be private, and should not use electronic mail for communications not intended for disclosure to third parties. Although the contents of business-related electronic mail are subject to the same rules of legal privilege as other forms of communication and recordkeeping, employees should treat the electronic mail system as a shared file

system, with the expectation that messages sent, received or stored in the system (including individual hard disks) may be subject to access, monitoring and disclosure. Employees should be aware that documents created and sent by electronic mail for official business or as evidence of official acts may constitute official records of the State. B. Nothing in this policy should be construed to waive any claim of privilege or confidentiality for the contents of electronic mail available to the State or to require public disclosure of electronic communications. Definitions: 1. 1. Record: Public records under Wyo. Stat. 16-4-201(a)(v) includes... the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing or other document, regardless of physical form or characteristics, that have been made by the State of Wyoming... and by any agencies of the State... or received by them in connection with the transaction of public business, except those privileged or confidential by law. Wyo. Stat. 9-2-401 also defines public records for purposes of management of public records by the Department of State Parks and Cultural Resources. The definitions are essentially similar, except that W.S. 9-2-401 does not exclude information privileged or confidential by law. Thus, the Department of State Parks and Cultural Resources may store confidential or privileged information. The Department, however, does not make these confidential documents available to the public. See W.S. 9-2-407. 2. E-mail System: A program designed to create, send, receive, and store messages and other data transmitted electronically between individual users and/or groups of users. File transfer programs are not included in this definition. 3. E-mail: E-mail is the electronic transmission of messages and documents. A message may be transmitted within an agency, between agencies of the State or to a destination outside the state e-mail system. An e-mail message could be a short note or announcement or longer, more formal writing and may include various attachments. An attachment is added electronic data, such as a word processing file, not contained in the main body of the document. General Considerations for Use of E-mail: 1. Messaging system not a storage system. The State s e-mail system is designed for communication by written message. It is not and should not be used as a document storage or management system. 2. Official Business. The State s e-mail systems are for official business. All messages sent or received on the system are the property of the State of Wyoming. 3. Expectation of Privacy. Employees should not expect e-mail messages in their basic form to be private. E-mail is not immune from unauthorized interception, therefore agencies should consider encryption of sensitive information or consider alternative means of communication. Because materials and communications

privileged or confidential by law are not included within the definition of public records set out in the Public Records Act (W.S. 16-4-201 through 16-4-205), each agency must have a plan for separating out confidential material sent by e-mail, or have a policy that confidential materials and communications will not be sent through this medium. Users should never place any data on the system that they would not want to appear on television or in newspapers. 4. E-mail Account. E-mail accounts, and the e-mail messages contained within these accounts, are important to the business functions of an individual State agency. As such, the messages and e-mail accounts are the property of the State of Wyoming and will be managed by individual agencies. In the event of any employee termination or interagency transfer, the employee s e-mail account shall remain with the originating agency. All messages may be reviewed and redirected to the employee s successor or otherwise purged of agency-specific content as appropriate. 5. Improper uses. The use of the e-mail system to transmit data which is disparaging or harassing to individuals or groups will not be tolerated. Types of data include: writings, drawings or any other form that is degrading or harassing to others based on, but not limited to, race, age, origin, sex, disability, religion or political beliefs, including jokes. E-mail may not be used for personal commercial ventures, religious or political causes, endorsement of candidates, or outside organizations. 6. Security. To ensure system integrity and security, each individual must protect his system password from disclosure to others. Passwords should be changed frequently. It is suggested that passwords be constructed of alphanumeric characters that are not recognizable words or patterns. 7. Copies and dissemination. E-mail can be copied and forwarded to numerous individuals. Copies of an e-mail may be retained by persons unknown to the author long after the intended function has been completed. Both recipients and transmitters need to protect data sent on the system from unauthorized alteration and deletion. 8. Copyright violations. The ability of various e-mail systems to include attachments enables the users to forward additional data to other users. The ease of transmitting attachments places the burden of protecting copyrighted material on the transmitter. Protection of copyrights requires the user to make, to the greatest degree possible, a determination of authorship of any data utilized. All copyright laws apply equally to e-mail systems. Crimes against intellectual property in Wyoming are defined by W.S. 6-3-502. 9. Etiquette. Use of e-mail etiquette should be observed at all times. Employees represent the State of Wyoming and should act in a professional manner at all times. 10. Viruses and E-mail. Simply reading a text based e-mail can spread a virus to your computer. This is a relatively new development. Viruses can also be hidden in attachments to mail messages. There is risk from opening attached files to the e- mail message, especially executable files. In addition, other types of file attachments can pose a risk, such as MS-Word documents, Excel spreadsheets, and similar files used by applications that use macros, because these files can be infected with a macro virus. If you receive any unsolicited e-mail from unknown

sources or untrusted documents or executable programs via an e-mail attachment, the file should be saved to the local hard drive and scanned with an anti-virus scanning product (with the latest virus signatures or definitions installed) before the file is opened or run. The MIS person should be contacted for assistance. Be aware that this is not an absolute guarantee that the contents of the file are safe, but it will check for any viruses or malicious code that the scanning software can detect. If there is any doubt (especially if the e-mail was sent from an unknown source), deleting unsolicited messages with all attached files is the safest thing to do. Users are requested not to spread unconfirmed warnings about viruses. If you receive an unvalidated warning, do not pass it to others; pass it to your systems administrator to validate first. Access to State E-mail System: Employees only. Employees of the State are granted access to the e-mail system to carry out their assigned duties. System privileges to non-employees shall be granted only with approval of the agency director or his designee. Access to the e- mail system may be terminated at any time if it has been determined access is no longer needed or there has been abuse of the system. If an agency s policies include retention of electronic records, information contained in an e-mail system must remain accessible for reference, as required by the retention guidelines in those policies. To remain accessible, the electronic data must be migrated to new software and storage media as updates occur. Disclosure of E-mail: All e-mail that resides on the message server, on any file server, or on any individual's workstation belongs to the State of Wyoming. The State reserves the right to inspect e- mail at any time. Inspection of e-mail is limited to the following entities: State/Agency: Immediate supervisor, division management, agency director, Attorney General, including the Department of Criminal Investigation, or as otherwise statutorily authorized. The Attorney General s access to records of the Public Defender s Office may be subject to common law or statutory privilege. Non-State: Anyone with proper judicial approval Anyone requesting to see certain public records pursuant to the Public Records Act

1. Litigation and discovery of public records. Any public record (under the definition of public record in W.S. 16-4-201, which specifically excludes information privileged or confidential by law) is subject to discovery requests as part of a legal proceeding. Some confidential data might also be subject to discovery, usually with a court order. Discovery can include all data in e-mail, including all archived e-mail that may pertain to the particular court case. Therefore, it is incumbent upon e-mail system users to manage their data in accordance with an approved record retention schedule. Users should purge e-mail from the system as soon as its purpose has been served. It is also incumbent upon e-mail system users, if confidential communications or information is sent by e-mail, to have a system for separating confidential or privileged information from public information. 2. Inspection of public records. Any person may inspect public records at reasonable times subject to any regulation, rule, or exception contained in or allowed by W.S. 16-4- 201 through 16-4-205 and W.S. 9-2-407. If you have questions regarding the inspection of e-mail records, contact your Assistant Attorney General. 3. Requests for E-mail. Requests to inspect e-mail documents should be referred to the agency director. The agency director or his designee should determine, with consultation of the Attorney General s Office if appropriate, if inspection is appropriate and how best to fulfill the inspection request. 4. One week backup only. Each agency may establish its own backup policy, but it is recommended that backup of e-mail systems should be for disaster recovery and should be retained no longer than one week. Any requests to inspect backup e-mail records should go through the agency director or his designee for processing. Retention of Public Records Created as E-mail: 5. Types of E-mail. E-mail, like word processing, is a medium, not a record type. The records are the various documents that are created, sent, and received through the e- mail system. Records in the e-mail system should remain in that application for only a short time. E-mail documents can be non-records, time limited records, permanent/archival records, or confidential records. 6. Non-record E-mail. Non-record e-mail messages are created primarily for the communication of information which does not set policy, establish guidelines or procedures, certify a transaction, or become a receipt, and that have no enduring value. Since this type of message is informal, it could be compared to, but not limited to, personal messages, duplicate documents, telephone call notices, scheduled meetings reminders, or other temporary information. This type of message is short lived and should be deleted as soon as its purpose has been completed. 7. Time limited records created as e-mail. Time limited records are those which have a legal or administrative value, but are not permanent. E-mail records of this classification must be maintained in a usable format in accordance with the agency s retention policy. The forms in which these records are maintained may be hard copy printout, microfilm or may be electronically generated. Internal procedures and system design should protect against document alteration, identify other records related to the same subject, and provide for regular, scheduled disposition. Should a file be identified as a time limited record but not listed in the retention schedule, agencies should contact the

State Archives, Records Management Unit, phone 777-7826 for assistance in obtaining disposition authority. 8. Permanent records created as e-mail. Permanent/Archival records are those records having legal, administrative or historical value which must be retained indefinitely. These records must be preserved in a medium that can be used by future generations. Since there are no national standards for permanency of the electronic medium on which e-mail is maintained and since that medium is not considered permanent, these electronic records are not considered acceptable for permanent record storage. It is recognized that there are constant changes in e-mail technology. If or when standards for permanence of e-mail become a reality, and the medium is judged permanent, this policy will be re-evaluated and appropriate changes will be made. E-mail records appraised as permanent must be converted to paper, microfilm, or another acceptable medium for permanent record retention. 9. Preservation of sender, recipient and date information. E-mail that is identified as a record must at a minimum contain the senders, recipients, and time/date of transmission or receipt. 10. Electronic calendar records. Although not directly an e- mail function, many e- mail software packages provide calendaring capabilities. Offices using the calendaring feature to document affected agency public hearings or regulatory meetings must retain calendar records for the period of time identified in the State of Wyoming General Schedules Executive Branch or as specified by a separate retention schedule. 11. Retention schedules. If a retention schedule needs to be developed, contact the State Archives, Records Management Unit, phone 777-7826 for assistance. 12. Retention of digital data. Public records may include digital data such as graphics files, digital photographs, sound or wave files and video clips. If appropriate, such digital data may need to be preserved or converted to hard copy for retention purposes.