Transparency Report

This Electronic Communications Transparency Report records the number of requests and approvals for non-consensual access to UCB electronic communications (this includes email, calendar, online document collaboration and storage, as well as individual computing devices).

Requests for access to UC Berkeley electronic communications are handing according to the requirements defined in the UC Electronic Communications Policy (ECP). (See Approval to Access Berkeley Campus Electronic Communications).  Specifically, consent of the record holder1 is required except in the limited circumstances defined in the ECP: 

  • required by and consistent with law;2
  • substantiated reason to believe that violations of law or of specific University policies have taken place3;
  • compelling circumstances4; or
  • under time-dependent, critical operational circumstances5.

"Non-Consensual Access Requests" counted in this transparency report include formal requests for non-consensual access, as well as requests from those who asked about access, but did not submit a formal request. "Non-Consensual Access Requests Granted" figures do not include incidents that were eventually resubmitted as consensual access requests or withdrawn. The report does not reflect routine security monitoring conducted by UC Berkeley's Information Security and Policy team or by the UC Office of the President under the Coordinated Monitoring and Threat Response Initiative

The report is silent on "requests" required by law that are imposed with a gag order. The University will have no knowledge of requests imposed with a gag order that are delivered directly to vendors.

(See also the bConnected transparency report which only covers the bConnected segment of electronic communications.)

Non-Consensual Access to Electronic Communications Jan-June 2017

 STUDENT*
RECORD
HOLDER
FACULTY*
RECORD
HOLDER
STAFF*
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

0

3

10

13

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

0

3

10

13

ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)

0

0

0

0

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

2

8

10

REQUESTS GRANTED UNDER ECP

0

1

2**

3

GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
0 1 2 3
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 0 0

*includes former student, faculty or staff record holders in each associated category. **includes one non-emergency incident where ECP approals were not sought prior to access.

Non-Consensual Access to Electronic Communications July-Dec 2016

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

3

0

3

6

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

2

0

2

4

ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)

0

0

0

0

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

0

1

1

REQUESTS GRANTED UNDER ECP

2

0

1

3

GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
2 0 1 3
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 0 0

Non-Consensual Access to Electronic Communications Jan-June 2016

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

1

2

11

14

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

0

1

7

8

ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)

0

0

0

0

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

1

4

5

REQUESTS GRANTED UNDER ECP

0

0

3

3

GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
0 0 3 3
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 0 0

Non-Consensual Access to Electronic Communications July-Dec 2015

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

4

1

13*

18*

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

1

1

11*

13*

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

1

7

8

REQUESTS GRANTED UNDER ECP

1

0

4*

5*

REQUESTS GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW
1 0 0 1
REQUESTS GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY2
0 0 4* 4*
REQUESTS GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES3
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES4
0 0 0 0

* figures revised 2/26/2017 

Non-Consensual Access to Electronic Communications January-June 2015

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

2

1

12

15

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

1

0

10

11

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

0

6

6

REQUESTS GRANTED UNDER ECP

1

0

4

5

REQUESTS GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
1 0 0 1
REQUESTS GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
0 0 4 4
REQUESTS GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 0 0

Non-Consensual Access to Electronic Communications July-December 2014

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

 0

 0

 21

 21

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

 0

 0

 19

 19

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

0

2

2

REQUESTS GRANTED UNDER ECP

0

0

17

17

REQUESTS GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
0 0 0 0*
REQUESTS GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 17 17

* typo corrected 2/26/2017

Non-Consensual Access to Electronic Communications January-June 2014

 STUDENT
RECORD
HOLDER
FACULTY
RECORD
HOLDER
STAFF
RECORD
HOLDER
TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

 0

 2

 13

 15

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

 0

 2

 9

 11

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

2

5

7

REQUESTS GRANTED UNDER ECP

0

0

4

4

REQUESTS GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3
0 0 3 3
REQUESTS GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4
0 0 0 0
REQUESTS GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5
0 0 1 1

1 ECP WAS NOT APPLICABLE: After separation from the University or death, the former account holder is no longer considered the "record holder" and ECP procedures are not applicable, however, the campus still seeks to limit access to only the minimum amount of information necessary.

2 REQUIRED BY AND CONSISTENT WITH LAW: Includes access compelled by search warrants, subpoenas, subpoenas duces tecum or other court orders.

3 VIOLATION OF LAW OR POLICY: When there is substantiated reason, i.e., reliable evidence indicating that violation of law or of University policies listed in Appendix C, Policies Relating to Access Without Consent, probably has occurred, as distinguished from rumor, gossip, or other unreliable evidence.)

4 COMPELLING CIRCUMSTANCES: Circumstances in which failure to act might result in significant bodily harm, significant property loss or damage, loss of significant evidence of one or more violations of law or of University policies listed in Appendix C, Policies Relating to Access Without Consent, or significant liability to the University or to members of the University community.

5 TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES: Circumstances in which failure to act could seriously hamper the ability of the University to function administratively or to meet its teaching obligations, but excluding circumstances pertaining to personal or professional activities, or to faculty research or matters of shared governance.