Transmission Privacy
Number: ENT-SEC-041
Established for: State of Montana Information Technology Enterprise
LOIS MENZIES, Director
Department of Administration
September 20, 2000
Policy - Requirements
State and federal statutes provide a foundation to guarantee an appropriate level of privacy when electronic communications are used. Both users of the State of Montana's telecommunications network, and those who provide access, need a common understanding of the levels of confidentiality, security and access provided.
The scope of this policy is limited to those activities associated with the "transmission" of information using the State's telecommunications network.Information transmission is facilitated through local area networks (LANs), wide area networks (WANs) and the voice network. Such transmissions may include, but not be limited to, electronic documents, electronic files, electronic mail, video, images and voice communications.
Transmissions on the State's telecommunications network may only be intercepted (including copying and/or recording) and/or monitored (including viewing and/or listening) when such interception is in the normal course of employment responsibilities, or is regarded as necessary to providing the State's telecommunications services, or is protecting the rights and property of the State of Montana.Transmissions may be intercepted and/or monitored to conduct mechanical checks, service quality control checks, maintenance of service quality, system security, and software license monitoring.
No telephone conversation may be recorded without the knowledge of all parties to the conversation as provided for in 45-8-213, MCA. State employees who qualify as peace officers may continue, in the course of their duties as law enforcement officers, to record conversations where one party consents (i.e., the officer) to such recordings.
No person may intentionally disclose information from intercepted and/or monitored transmissions on the State's telecommunications network except to the person for whom it is intended, to a person reasonably involved in the process of transmitting the information to the person for whom it is intended, or to another person lawfully entitled to it.
No person may use information from intercepted and/or monitored transmissions on the State's telecommunications network for any purpose other than supporting and maintaining the State's telecommunications services, or other lawful purposes.
If any person is discovered misusing information from intercepted and/or monitored transmissions on the State's telecommunications network, they shall be subject to disciplinary action appropriate to the misuse, up to and including termination as administered under policy 3-0130, Discipline Handling, Montana Operations Manual and possible civil or criminal penalties.
Background - History on the creation of or changes to this policy
This policy was originally signed into effect on November 12, 1996 as policy number S-AC40.It was updated in January 2000 to incorporate changes as requested by the Information Technology Advisory Council Internet Policy Advisory Task Force and to accommodate other information technology environment changes.This policy was given to the Information Technology Advisory Council for comment prior to adoption.
Guidelines - Recommendations, not requirements
There are no guidelines for this policy.
References - Laws, rules, standard operating procedures and applicable policies