Communication Devices Policy
POLICY STATEMENT 1
PURPOSE OF THIS POLICY 1
SCOPE 1
INTRODUCTION 2
PERSONAL USE 2
INAPPROPRIATE USE 3
USE OF INTERNET / WEB SITES 4
USE OF E-MAIL 4
SECURITY & CONFIDENTIALITY 6
MONITORING & BREACHES 6
RECORDKEEPING 7
INDUSTRIAL AWARDS 7
POLICY ACKNOWLEDGEMENT & REVIEW 7
RELEVANT PUBLICATIONS 7
GLOSSARY (DEFINITIONS) 8
All users of Holroyd City Council’s communication devices should read this policy carefully as they will, in future, be deemed to be aware of its contents in the event that there is any breach of this policy.
POLICY STATEMENT
Holroyd City Council staff must be efficient, economical and ethical in their use and management of public resources. Communication devices, such as telephones, Internet and E-mail, are public resources provided for business purposes, and all staff have a responsibility to ensure their proper use.
PURPOSE OF THIS POLICY
The purpose of this policy is to ensure the proper use of Council’s communication systems by employees for their intended purposes without infringing legal requirements, Government policies or creating unnecessary business risk.
It aims to ensure Council employees understand the way in which employer communication devices such as the Internet, E-mail and telephones, should be used in the organisation.
Council makes its communication systems available to employees to enable efficient sharing and exchange of information in the pursuit of Council’s goals and objectives.
SCOPE
This policy applies to all Council employees, Councillors, contractors, consultants, temporary and casual employees and other authorised personnel offered access to Holroyd City Council resources.
This policy is mainly concerned with the following devices. The principles contained in this policy, however, are equally applicable to any other communication device provided by Council for business use.
· Internet
· Intranet
· Electronic Messaging (Including E-mail, voicemail & videotext etc)
· Telephones (Including mobile phones)
· Facsimiles
· Pagers
· Two way radios
INTRODUCTION
Communication devices such as the Internet, telephones and pagers are public resources and provided to Councillors and employees to be used for legitimate business purposes.
All E-mail accounts including the data and messages contained within or transmitted via them are the property of Council and are primarily intended for business use only.
Councillors and all employees are advised that they do not have any personal or proprietary rights over communication devices or E-mail accounts.
Council employees should not transmit any classified, staff in confidence, commercial in confidence, restricted or sensitive material over unsecured communication devices such as E-mail.
Councillors and Council employees must safeguard Council information and information belonging to others such as Council customers and suppliers from unauthorised or accidental disclosure, modification, damage or destruction, consistent with Council policies and procedures.
The permitted use of Council’s communication devices must be consistent with other relevant laws, policies and practices regulating:
· Copyright breaches and patent materials legislation
· Anti-discrimination legislation
· Privacy legislation
· Council’s ‘Good Working Relations’ Policy
· Council’s ‘Code of Conduct’
· Practices regulating discriminatory speech and the distribution of illicit and offensive materials, particularly those that are sexual or pornographic in nature.
Failure to comply with this policy may lead to disciplinary action, should users conduct and / or actions be unlawful or illegal they may be personally liable.
Council reserves the right to control and monitor the use of its equipment / services and audit and remove any illegal material from its communication devices without notice.
PERSONAL USE
Reasonable personal use of Council’s communication devices is permissible, however, personal use is a privilege, which needs to be balanced in terms of operational needs; its use must be appropriate, lawful, efficient, proper and ethical.
Council recognises that:
· Employees are also private citizens with individual personal needs and obligations
· Employees may need to make use of communication devices for personal purposes
· There is a reasonable limit to which employer communication devices may be used for personal purposes
· Every employee has a responsibility to be productive in the use of their work time
Personal use:
· Should be infrequent and brief.
· Should not involve activities that might be questionable, controversial or offensive, including gambling, accessing chat lines / rooms, transmitting inappropriate jokes or sending junk programs / mail.
· Personal use does NOT extend to sending non-business related written material to any political organisation.
· Must not disrupt Council communication systems
· Should not interfere with the employees job responsibilities or detrimentally affect the job responsibilities of other employees.
· Personal use of Council communication devices is NOT to be considered private, staff using such devices do not have the same personal privacy rights as they would have when using private / public communication devices.
· Employees reasonably suspected of abusing personal use requirements will be asked to explain such use.
INAPPROPRIATE USE
The use of Councils telecommunications system to make or send fraudulent, unlawful or abusive information, calls or messages is prohibited.
Staff who receive any threatening, intimidating or harassing telephone calls or electronic messages should immediately report the incident to their manager.
Any employee identified as the initiator of fraudulent, unlawful or abusive calls or messages is subject to disciplinary action and possible criminal prosecution.
The use of hand held mobile phones whilst driving is an offence under the Motor Traffic Act and Council will not be responsible for the payment of any fines incurred.
All employees should be aware that it is illegal to record telephone conversations unless authorised under relevant legislation to do so.
Inappropriate use includes (but is not limited to):
· Use of Councils equipment to intentionally create, store, transmit, post, communicate or access any fraudulent or offensive information, data or material including pornographic or sexually explicit material, images, text or other offensive material.
· Use of Council equipment or services must NOT violate Federal or State regulations or legislation.
· Gambling activities
· Representing personal opinions as those of the organisation
It is inappropriate to transmit, communicate or access any material, which discriminate against, harass or vilify colleagues or members of the public on the grounds of-
· Gender
· Pregnancy
· Age
· Race (nationality, descent or ethnic background)
· Religious background
· Marital status
· Physical impairment
· HIV status
· Sexual preference or transgender
USE OF INTERNET / WEB SITES
It is inappropriate to:
· Intentionally down load unauthorised software
· Download files containing picture images, live pictures or graphics for personal use
· Download computer games, music files or accessing web radio or TV stations
· Visit inappropriate Web sites including chat lines / rooms, on-line gambling, sexually explicit or pornographic web sites (as stated previously)
USE OF E-MAIL
E-mail (external / internal) forms part of the official business communication of Holroyd City Council, as such e-mail is governed by the same legislative requirements (State Records Act 1998, FOI Act, Privacy & Personal Information Protection Act 1998, NSW Public Sector Code of Conduct) as all records.
Internet (external) E-mail is accessible through Council’s Postfix E-mail Server and adheres to the following naming standard: Firstname.Lastname@holroyd.nsw.gov.au.
Internet E-mail accounts are installed on an individual case by case basis and are not automatically installed for all staff. A memo from a Director or Manager forwarded to IT is required for Internet E-mail connection.
Staff given E-mail access are responsible for archiving to records all relevant E-mails received.
E-mail sent or received contains information about business activities and therefore can function as evidence of business transactions in a court of law; they are subject to legal processes such as discovery and subpoena. The records may also be required by Royal Commissions, auditors and other people / bodies to whom they may be subject.
Transactions that provide evidence of business activities and are required for ongoing business should be documented in the TRIM records management system to provide an official record.
Some E-mail messages are not regarded as records because they have not participated in a business transaction or created to document such a transaction, consequently they are not required to function as evidence of business.
These E-mail messages that do not have a business context are generally of short-term value ie. Information only or personal messages, and does not require capturing and registration into the TRIM records management system.
Virus infection of E-mail systems is becoming more prevalent, viruses are being sent over the Internet on a daily basis. The virus scanner installed on the network should not be totally relied on as no scanning software can give 100% guaranteed protection.
Unless file attachments (especially sent over the Internet) can be positively identified they should be totally deleted and NOT opened as they may contain viruses. Notify the IT section if you receive questionable attachments or are unsure of what to do.
Any opinions expressed in E-mail messages, where they are not business related, should be specifically noted as personal opinion and not those of the Council.
In addition to inappropriate usage restrictions for communication devices mentioned above, E-mail is not to be used for: (Applicable to external & internal systems)
· Using E-mail accounts for non-business purposes – ie ‘junk’ mail
· Sending or distributing ‘chain’ letters, ‘hoax’ mail or for other mischievous purposes (spam) Only business related Listserv subscriptions are permitted.
· Modifying or not using the standards Lotus Notes template
· Using E-mail to solicit outside business ventures or for personal gain
· Using E-mail to distribute software which is inconsistent with any vendor’s licence agreement
· Using language that may be offensive to another user eg. profanity and obscenities
· Unauthorised accessing of data or attempt to breach any security measures on the system, attempting to intercept any data transmissions without authorisation.
· Sending E-mail messages of a defamatory nature, E-mail can be used as evidence in a court of law, Council can be held liable for published defamatory material.
· The distribution of information via E-mail (excluding business or personal messages eg. birthday, baby birth or social club details) such as Trade Union or Community Group material must be authorised by the General Manager first.
· Care should be taken in responding to internal E-mails addressed to ‘Everyone’ as any responses sent by pressing the ‘Reply to All’ button will be addressed to ALL staff. As such be careful what you write, once sent you cannot recall your words. Individual replies should be directed to the sender using the ‘Reply’ button.
SECURITY & CONFIDENTIALITY
Employees should be alert to the fact that sensitive or personal information conveyed through communication devices cannot be guaranteed as completely private.
The potential exists for sensitive information to be read, intercepted, misdirected, traced or recorded by unauthorised persons unless it has been encoded or encrypted.
Such practices are normally illegal, but there can be no expectation of privacy.
E-mail systems should not be assumed to be secure, information or personal data requiring privacy should not be stored in this way.
Passwords or personal identity number protection must be activated on all mobile communication devices such as pagers, mobile telephones and laptop computers that are vulnerable to theft.
Information regarding access to Councils computer and communication systems should be considered as confidential information and not be divulged without authorisation.
It is the responsibility of the user to report any suspected security issues.
Users are expected to treat electronic information with the same care as they would paper-based information, which is confidential. All such information should be kept secure and used only for the purpose intended, information should not be disclosed to any unauthorised third party.
MONITORING & BREACHES
All Council communication resources, which include computers and E-mail systems, are provided solely for legitimate business purposes, personal use is permitted only within the limitations described above.
Council may monitor, copy, access and disclose any information or files that are stored, processed or transmitted using Council’s equipment and services.
Such monitoring will be used for legitimate purposes only (such as legal discovery) and in accordance with any relevant privacy legislation and / or guidelines.
Council’s Corporate Review Manager will undertake periodic monitoring, auditing and activities to ensure staff compliance with the acceptable usage of communication devices in reference to this policy.
Council employees or Councillors who violate any copyright or license agreements are acting outside the scope of their employment terms and roles respectively, and will be personally responsible for such infringements.
Council employees who violate this policy may be subject to disciplinary action including termination of employment and subject to criminal or civil prosecution.
Employees should report breaches of this policy to their supervisor or manager.
Further guidelines can be found in Councils ‘Code of Conduct’.
RECORDKEEPING
An electronic document becomes an electronic record when it takes part in a business transaction; records that document business activity are vital for supporting informed decision making and ensuring accountability.
Business communications such as E-mail messages are official records of Council’s business; legislation requires Council to be accountable for that business.
E-mail messages like other business records have different values, some are needed for ongoing business and others have only short-term value.
The value of an e-mail message is determined by whether it relates to a business transaction / activity or contains information only or private messages.
Transactions that provide evidence of business activities and are required for ongoing business should be documented in the TRIM records management system to provide an official record.
These E-mail messages need to be retained in accordance with approved retention periods as listed in the Local Government Records Disposal Authority (GDA 10).
Staff must ensure that such business communications are not unnecessarily deleted.
Due to the potential for the loss of critical business records the ‘information rights management’ functionality offered by Microsoft Office 2003 software should be blocked and NOT utilised in Council – see IT or Records for further information.
Refer also to Councils ‘E-mail Guidelines’ and ‘Records Management Policy’
INDUSTRIAL AWARDS
Industrial instruments such as awards often contain conditions relating to the use of communication devices, particularly telephones. They can also provide for accredited union delegates to be given reasonable access to facilities such as communication devices. Nothing in this policy over-rides the rights contained in industrial instruments or other procedures.
POLICY ACKNOWLEDGEMENT & REVIEW
This policy was prepared in conjunction with material sourced from the NSW Premiers Department – ‘Employer Communication Devices’ Policy and
State Records ‘Acceptable use of Employer Communication Devices’ Policy.
Council acknowledges its appreciation for this valuable material assistance.
This policy is issued under the authority of the General Manager and will be reviewed and amended as required in consultation with Directors, Managers and Staff.
RELEVANT PUBLICATIONS
· Council’s ‘Records Management Policy’
· Council Policy – ‘Provision of Information to and Interaction between Councillors and Staff’
· Council’s ‘Code of Conduct’ & ‘Good Working Relations’ Policy’
· Council’s ‘E-mail Guidelines’
GLOSSARY
Accountability
The principle that individuals, organisations and the community are required to account to others for their actions.
Organisations and their employees must be able to account to appropriate regulatory authorities, to shareholders or members, and to the public to meet statutory obligations, audit requirements, relevant standards and codes of practice, and community expectations.
Business Activity
Umbrella term covering all the functions, processes, activities and transactions of an organisation and its employees. (AS 4390 Part 1 – Clause 4.6)
To support the continuing conduct of business, comply with the regulatory environment and provide necessary accountability, organisations should create and maintain authentic, reliable and useable records and protect the integrity of those records for as long as required. – (AS ISO 15489 def 7.1 page 6 Part 1: General)
Records that document business activity are vital for supporting informed decision making, corporate memory and ensuring accountability.
E-mail containing evidence of business transactions such as: -
· A directive or approval for a particular course of action
· Formal communications between internal officers or external agencies
· Final versions of reports
· Policy documents and Statements
· Formal minutes of Council Committees
Which are not already captured in any other form eg. hard copy format or faxes should be captured into the TRIM recordkeeping system.
This material is distinct from: -
· Information only messages
· Duplicates or working copies / memos
· Private messages or personal comments between officers
Which would not provide evidence or be required for accountability purposes.
Communications Device
Includes, (but not restricted to) the following devices:
Telephones (includes hard wired, cordless & mobiles)
Computers connected to any network or data circuit
E-mail (Component of electronic messaging)
Facsimiles
Internet & Intranet
Two way radios
Pagers (beepers)
Satellite communications equipment
Documents
Structured units of recorded information, published or unpublished, in hard copy or electronic form, and managed as discrete units in information systems.
Electronic Mail – (E-mail)
E-mail is a computer-based message sent over a communications network to one or more recipients. It may be transmitted with attachments such as electronic files containing text, graphics, images, digitised voice and video or computer programs.
Electronic Messaging
Electronic Messaging is a generic term encompassing all forms of electronically mediated communication.
This includes electronic mail for text messages, voice mail, electronic document exchange (Electronic FAX), electronic data interchange (EDI), and multi media communications such as tele / video conferencing and videotext.
It involves the electronic transmission of information as discrete electronic messages over computer-based data communication network or voice messages over a telephone network.
Electronic Records
Records communicated and maintained by means of electronic equipment.
Employee
Applies to any individual having employee functions or acting in a employee capacity, including any volunteer, consultant or contractor who in the course of performing a service for Council is provided access to communication devices owned by Holroyd City Council – it includes the General Manager.
Evidence
Information that tends to prove a fact. Not limited to the legal sense of the term.
Facsimile
Refers to a communication device that converts each picture element of black and white into an electric signal. These signals in turn generate a constantly changing electrical signal that is transmitted on a data circuit (or telephone line) to a receiving facsimile.
Internet
Is a worldwide loose affiliation of interconnected computer systems through which an individual with a personal computer can access services and information. Services available through the Internet include, E-mail, telnet and the World Wide Web.
Intranet
Is an internal (restricted) network that uses Internet technology, accessed over a personal computer.
Pager
Refers to a small telecommunications device that receives short radio messages - generally used by people who are continually changing their location. Pagers ‘beep’ when a message is received.
Radio
Refers to wireless electromagnetic means of point to many point communications.
Record
Means any document or other source of information compiled, recorded or stored in written form or on film, or by electronic process, or in any other manner or by any other means.
Records
Recorded information, in any form, including data in computer systems, created or received and maintained by an organisation or person in the transaction of business or the conduct of affairs and kept as evidence of such activity.
Records Disposal Authority
A systematic functional listing of records created by an organisation which plans the life of those records from their creation to their disposal eg. GDA 10.
Recordkeeping
Making and maintaining complete, accurate and reliable evidence of business transactions in the form of recorded information.
Telephones
Include (but not limited to) hard wired desk telephones, cordless & mobile telephones
This Policy/Code was adopted in November 2003