STATE OF WYOMING
Electronic Mail Policy
Pursuant to Executive Order 1999-4 dated the 23rd of December, 1999
Introduction:
Electronic mail (e-mail) enables the user to send and receive messages, make appointments, or coordinate work schedules rapidly and efficiently. The advantages of e-mail have caused a rapid growth in the use of this technology. With the rapid expansion of e-mail throughout Wyoming State agencies, more data are being transmitted between employees without the use of traditional paper documents. This trend increases the possibility of State records being lost before completing their retention cycle, and the messages being subpoenaed for use in litigation. Records contained within the e-mail system need to be identified and controlled in the same manner as any other record.
This policy shall apply to all State of Wyoming employees whether full-time, part-time, or contract as well as all individuals contracted to perform work for the State. Each agency may develop its own e-mail policy provided that, at a minimum, all provisions set forth in this policy are contained in its policy. In such a case, the agency’s e-mail policy shall take precedence over this policy.
Users are cautioned that the use of e-mail and attachments thereto may create the need to preserve other forms of data, such as graphics files, digital photographs, sound or wave files and video clips. When using these data forms in conjunction with the e-mail system, please consult your agency’s policies or computer specialist for advice on the use and preservation of such data.
Public records, including those created in e-mail, are the property of the State of Wyoming. W.S. 16-4-201 defines public records for the purposes of those records available for public inspection. W.S. 9-2-401 defines public records for purposes of management of public records by the Department of State Parks and Cultural Resources.
General Notice:- Electronic mail is an electronic file which is transmitted to other computer users. When transmitted to a recipient, electronic mail may create the sender's electronic file in the recipient's computer system. Deleting electronic mail does not ensure erasure of all copies of the file. Copies of deleted files may be stored remotely for long periods of time, and can be accessed and disclosed. Therefore, employees should not expect their electronic communications to be private, and should not use electronic mail for communications not intended for disclosure to third parties. Although the contents of business-related electronic mail are subject to the same rules of legal privilege as other forms of communication and recordkeeping, employees should treat the electronic mail system as a shared file system, with the expectation that messages sent, received or stored in the system (including individual hard disks) may be subject to access, monitoring and disclosure. Employees should be aware that documents created and sent by electronic mail for official business or as evidence of official acts may constitute official records of the State.
- Nothing in this policy should be construed to waive any claim of privilege or confidentiality for the contents of electronic mail available to the State or to require public disclosure of electronic communications.
Definitions:- 1. Record: “Public records” under Wyo. Stat. § 16-4-201(a)(v) includes “. . . the original and all copies of any paper, correspondence, form, book, photograph, photostat, film, microfilm, sound recording, map, drawing or other document, regardless of physical form or characteristics, that have been made by the State of Wyoming . . . and by any agencies of the State . . . or received by them in connection with the transaction of public business, except those privileged or confidential by law.” Wyo. Stat. 9-2-401 also defines public records for purposes of management of public records by the Department of State Parks and Cultural Resources. The definitions are essentially similar, except that W.S. 9-2-401 does not exclude information privileged or confidential by law. Thus, the Department of State Parks and Cultural Resources may store confidential or privileged information. The Department, however, does not make these confidential documents available to the public. See W.S. 9-2-407.
- E-mail System: A program designed to create, send, receive, and store messages and other data transmitted electronically between individual users and/or groups of users. File transfer programs are not included in this definition.
- E-mail: E-mail is the electronic transmission of messages and documents. A message may be transmitted within an agency, between agencies of the State or to a destination outside the state e-mail system. An e-mail message could be a short note or announcement or longer, more formal writing and may include various attachments. An attachment is added electronic data, such as a word processing file, not contained in the main body of the document.