§ 2-62.2. Privacy expectations for electronic communications.

(a)

Respecting privacy rights. Except as otherwise specifically provided, users may not intercept or disclose, or assist in intercepting or disclosing, electronic communications. Washington County is committed to protecting the rights of its computer users, including their reasonable expectation of privacy. However, Washington County also is responsible for servicing and protecting its electronic communications networks. To accomplish this, it is occasionally necessary to intercept or disclose, or assist in intercepting or disclosing, electronic communications.

(b)

No default protection. Computer users are reminded that Washington County's electronic communications systems are not encrypted by default. If sensitive information must be sent by electronic communications systems, encryption or similar technologies to protect the data must be employed.

(c)

No guaranteed message privacy. Washington County cannot guarantee that electronic communications will be private. Users should be aware that electronic communications can, depending on the technology, be forwarded, intercepted, printed and stored by others. Furthermore, electronic communications can and, occasionally, will be accessed by others.

(d)

The Arkansas Freedom of Information Act . The electronic files, including e-mail files, stored on Washington County computing systems are potentially subject to public inspection and copying under the state Freedom of Information Act (FOIA). The FOIA defines public records to include "data compilations in any form, required by law to be kept or otherwise kept, . . . which constitute a record of performance or lack of performance of official functions which are or should be carried out by a public official or employee [or] a governmental agency. . . ." All records maintained in public offices or by public employees within the scope of their employment are presumed to be public records. Various exceptions apply. Any (FOIA) requests for electronic files submitted to the Computer Systems Administrator will be forwarded immediately to the user who authored or received the file.

(e)

Regular message monitoring. It is not the policy of Washington County to regularly monitor the content of electronic communications. However, the usage of electronic communications systems will be monitored for volume of traffic to support operational, maintenance, auditing, security, and investigative activities. Users should structure their electronic communications in recognition of the fact that Washington County may, from time to time, examine the content of electronic communications strictly for the purposes mentioned above.

(f)

Incidental disclosure. It may be necessary for technical support personnel to review the content of an individual user's communications during the course of problem resolution. Technical support personnel may not review the content of an individual user's communications out of personal curiosity or at the behest of individuals who have not gone through proper approval channels.

(g)

Internet activity logging . For statistical purposes, Washington County routinely logs Web sites visited, time spent on the Internet, traffic levels and related information. This information will be used to determine expansion needs before critical traffic levels are reached in order to maintain optimal system conditions.

(Ord. No. 2002-6, Arts. 1—3, 2-14-02)