There are several policies that protect electronic communications, including emails. There are two main paths to obtaining access to email, which are outlined below. Bear in mind that the easier path requires a bit of forethought an planning.
Consensual Access Requests
This is the recommended route to gain access. Because there is consent from the departing employee, there are not other authorizations required. It is however recommended that this be documented with UNEX HR as part of the offboarding process.
There are a few ways to accomplish access to information with consent:
- Create a backup: Ask the departing employee to backup (or consult with IT Services on creating a backup) of important work related emails that will be required.
- Provide authorization in writing: In consultation with UNEX HR, the departing employee can give authorization for a former supervisor to review messages. This should be given context for what is being searched for and a timeframe not to exceed 30 days.
- Forward relevant information: The departing employee can forward relevant important information to the supervisor for their later review.
Non-Consensual Access Requests
Access via this method must meet certain conditions to be granted, will require a detailed explaination of why consent cannot be obtained, and will require authorization from the UCLA Extension Dean, campus counsel or campus human resources, an appropriate authorizing official at UCLA (e.g. an AVC, Vice Chancellor, EVC, or the Chancellor).
Conditions for non-consensual access (there are other conditions but these are the only ones that apply for staff):
- Compelling Circumstances are circumstances in which failure to act might result in significant bodily harm, significant property loss or damage, loss of significant evidence of one or more violations of law or of University policies listed in ECP Appendix C, Policies Relating to Access Without Consent, or significant liability to the University or to members of the University community.
- Emergency Circumstances are circumstances in which time is of the essence and there is a
high probability that delaying action would almost certainly result in compelling
circumstances. - Time-dependent, Critical Operational Circumstances: Circumstances in which failure
to act could seriously hamper the ability of the University to function administratively or
to meet its teaching obligations, but excluding circumstances pertaining to personal or
professional activities, or to faculty research or matters of shared governance.
The authorization form for non-consensual access to electronic communications records is linked below, and the form is located on the last page of that policy.
References
- Electronic Communications Policy (ucop.edu)
- Non-Consensual Access to Electronic Communications Records (ucla.edu)