Privacy and Confidentiality of Computer Files

User Responsibilities

Account owners are required to keep their account passwords secret. Account owners are responsible for the content of their accounts and for all processes or activities carried out from within their accounts unless they can show that someone else has gained access to the account without their knowledge.

All users are expected to be familiar with Earlham Computing Services' Acceptable Use Policies and to follow them. These policies may be seen on the Web at: http://www.earlham.edu/ecs/html/policies/ecs-aup.html

Scope of these Guidelines

These guidelines apply to all systems under the administration of Earlham Computing Services (ECS). They do not apply to other systems at Earlham College, Earlham School of Religion, and Bethany Theological Seminary such as those administered by academic or administrative departments or individual students, faculty, or staff. Such other systems –for example, systems administered by the Computer Science Program– follow different guidelines which usually are less protective of user privacy. To find out more about a non-ECS system, check with the system administrator responsible for the system in question.

Maintenance by ECS

In order to maintain good order and security, ECS system managers may perform normal system maintenance activities on their own initiative. Such system maintenance activities include, but are not limited to, monitoring logins and logouts, monitoring and enforcing disk and other resource quotas, backing up systems, accessing (and acting upon) system accounting information, and modifying, repairing, and updating system and application software.

No one may search personal accounts or files (including e-mail messages) without getting permission from the owner of the account containing the files or without obtaining permission to search the account from the Permissions Committee. (See "Permissions Committee" below)

ECS Responsibility to Maintain Privacy and Confidentiality

Computer files or backups kept on ECS administered equipment are to be treated as the private, confidential property of the account owner. More specifically...

1. ECS system administrators, programmers, service personnel, or others given access to Earlham owned equipment and systems by ECS (e.g. outside service personnel) may access files on Earlham equipment and systems only to the extent needed to do their work. They must not randomly read or browse accounts or files.

2. Furthermore, they are to keep all information they may see in the course of carrying out their duties confidential, sharing it with no one else other than those who would normally have proper access to that information.

3. They must not tell anyone else what they may have viewed as to content or category nor may they take action to benefit themselves or others from any information gained through their access to systems, files, or accounts administered by Earlham Computing Services.

4. No information gained inadvertently or otherwise by ECS staff through their access to Earlham systems may be used as the basis for an application for permission to search an account further, or as the basis for college judicial or disciplinary action against any person.

5. However, if an ECS staff member should inadvertently gain information about the commission of a state or federal crime, they may take their concerns to the Permissions Committee described in II (below) and seek guidance about reporting the crime or violation to the appropriate authorities.

6. All those who work for ECS–both paid professional and student staff–must observe the above guidelines. Those who do not, risk the most severe sanctions including dismissal from employment. Due process will be followed in applying sanctions.

Searching Accounts

1. Computer files may be searched or viewed and the information acted upon only if the owner of the account has given permission or if permission to search has been granted by the Permissions Committee (See "Permissions Committee" below). Requests to the Committee will normally be requests to make searches when the owner has not given permission or when the search is to be an unannounced search.

2. Permission to search may be granted upon a showing that it is probable that the account has been used:

a. in the course of breaking state or federal laws

b.in the course of violating the Community Principles and Practices

c. in causing damage to ECS administered software or hardware systems or to connected systems or to interfere with their proper or efficient operation.

d. in violation of ECS rules and guidelines.

3. It must also be shown that searching the account is likely to provide information relevant to the investigation of such violations, damage or interference.

4. All requests for information from Earlham College computing systems by law enforcement officials should be referred to the director of computing who will forward the request to the Associate Academic Dean. No request will be considered unless it is presented in writing and includes justification for overriding the Family Educational Records Protection Act (FERPA) and/or the Electronic Communications Privacy Act (ECPA) and other federal and state privacy law. Within legal requirements no computer information will be shared with anyone but the owner of the information without their permission or by decision of the the Permissions Committee. Subpoenas will be honored.

5. No wholesale searches of all accounts nor of categories, classes, or groups of accounts may be carried out. Searches must have a clear target and be carried out for specific reasons approved by the Permissions Committee

6. No searches shall be conducted solely by ECS staff. Searches shall be conducted by ECS staff working together with appropriate investigating bodies or persons.

The Permissions Committee

1. Permission to search computer accounts without the consent of the owner may be granted by a Search Permissions Committee. This committee consists of

• A member of the Faculty Affairs Committee
• A member of the Committee on Campus Life
• A member of Employee Council
• The Associate Academic Dean

2. Where committees provide a single member to serve on the Search Permissions Committee, they will be asked to determine the name(s) of all members of their committee eligible to serve on the Permissions Committee during a particular year. These names should be given to the Associate Academic Dean at the beginning of each school year. The Associate Academic Dean will then call the Search Permissions Committee into session as necessary, seeking to assemble a committee which is composed as described in II. 1. above.

3. In the case of an urgent request, when a full committee can not be formed, a majority of the committee (3 members) may act for the whole.

System Management and Administrative Sanctions

1. System managers may temporarily prevent or limit an individual's access to Earlham's computing systems for up to five days in instances where they believe that access to the system has been used to aid in

1. breaking local, state, or federal laws,
2. engaging in actions which violate the Community Principles and Practices, or in the case of faculty and staff, violate College regulations which apply to them.
3. hampering or damaging Earlham computing systems or connected systems,
4. persistently violating ECS rules and guidelines. ECS rules and guidelines may be found here (add link).

2. In such cases, the system manager may back up relevant accounts, files, or data, but may not access or view the information in files or accounts unless granted permission to do so by the owner(s) of the account(s) affected or by the Permissions Committee.

3. Sanctions described in IV. 2. above, taken by the system managers to deny access by students to Earlham computing facilities, may be appealed to the College Judiciary Council and affirmed, denied, or modified if, in the judgment of CJC, doing so is appropriate.

4. In the case of staff, such sanctions may be appealed to the assistant vice-president for business operations; in the case of teaching or administrative faculty, to the president of the college.

Online Privacy Statement for Web Visitors

The policy of Earlham College is to respect the privacy of all Web site visitors to the extent permitted by law. This online privacy statement is intended to inform you of the ways in which this Web site collects information, the uses to which that information will be put, and the ways in which we will protect any information you choose to provide us.

Network Traffic Logs

In the course of ensuring network security and consistent service for all users, the College employs software programs to do such things as monitor network traffic, identify unauthorized access or access to nonpublic information, detect computer viruses and other software that might damage college computers or the network, and monitor and tune the performance of the college network. In the course of such monitoring, these programs may detect such information as e-mail headers, addresses from network packets, and other information. Information from these activities is used only for the purpose of maintaining the security and performance of the college's networks and computer systems.

Web Visit Logs

College Web sites routinely collect and store information from online visitors to help manage those sites and improve service. This information includes the pages visited on the site, the date and time of the visit, the Internet address (URL or IP address) of the referring site, the domain name and IP address from which the access occurred, the version of browser used, the capabilities of the browser, and search terms used on our search engines. This site makes no attempt to identify individual visitors from this information.

Cookies

Browsing the site alone will not trigger the placement of a cookie on a user's computer. The College uses cookies only to maintain identification during a session to which a user is logged in such as Web mail service. Once the session is over the cookie is deleted and no longer functions. Therefore the College neither stores cookies on its computers nor forwards them to any external parties. However some of contractual relationships involve organizations that use cookies. This includes Web pages that have the address ...earlham.edu. Likewise whenever cookies are placed on machines it is done only to maintain identity during a session. Once the session is completed the cookies are disabled and no information is collected by the cookie and used beyond that session.

Information Voluntarily Provided by You

In the course of using this Web site, you may choose to provide us with information to help us serve your needs. For example, you may send us electronic mail (through a mailer or a Web form) to request information, you may sign up for a mailing list, or you may send us your address so we may send you an application or other material. Any personally identifiable information you send us will be used only for the purpose indicated. Requests for information will be directed to the appropriate staff to respond to the request, and may be recorded to help us update our site to better respond to similar requests. We will not sell, exchange or otherwise distribute your personally identifiable information without your consent, except to the extent required by law. We do not retain the information longer than necessary for normal operations. Each Web page requesting information discloses the purpose of that information. If you do not wish to have the information used in that manner, you are not required to provide it. Please contact the person listed on the specific page, or listed below, with questions or concerns on the use of personally identifiable information.

External Links

College Web pages provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for their availability, content, or delivery of services. In particular, external sites are not bound by the college's online privacy policy; they may have their own policies or none at all. Often you can tell you are leaving a college Web site by noting the URL of the destination site does not contain "earlham.edu."

If you have questions about this site, its collection of information, and its online privacy statement, contact the site administrator at webeditor@earlham.edu.

Revised: 1/31/03

Earlham College · 801 National Road West · Richmond, Indiana 47374-4095
Send corrections or comments to webeditor@earlham.edu.
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