Management Directive 205.34 Amended Page 4 of 21
When warranted, the Commonwealth or its agencies may pursue or
refer matters to other appropriate authorities for investigation regarding
potential violation of local, state, or federal laws through the misuse or
abuse of IT Resources or Commonwealth Data.
c.
Ownership of IT Resources and Commonwealth Data. All
Commonwealth Data and IT Resources, including those pertaining to
computer use, internet use, email communication, voicemail
communication, text messages, online chat, and other electronic
communication (whether sent, received, displayed, accessed or stored),
as well as the content of such communications, are presumed to be the
sole and exclusive property of the Commonwealth. Authorized Users do
not control the access to or the use of such data or records. In addition,
Authorized Users have no property or other rights to any or all related
physical equipment, hardware, and software applications that are
provided in connection with IT Resources.
d.
Authorized Users shall have no expectation of privacy when
using IT Resources. Authorized Users shall have no expectation of
privacy in any IT Resource or in any electronic files, Commonwealth
Data, or records stored on or accessed through IT Resources nor should
an Authorized User have any expectation of privacy in any
communications sent or received via, or stored within, IT Resources.
e.
Agency heads may determine who may access IT Resources and
Commonwealth Data. At their discretion, executive level or human
resources staff or their authorized designees may access IT Resources
in any way, including to retrieve, search, trace, audit, monitor and
review at any time any files, data, or records whether sent, received,
displayed, accessed or stored through IT Resources, as well as, data or
records related to IT Resource usage, including internet records, email
communications, voicemail communication, text messages, online chat,
and other electronic communication, for business purposes, or in order
to determine compliance with the provisions of this directive or any
other directive, personnel policy or applicable local, state, or federal law.
f.
IT Resources are subject to monitoring or other access. All IT
Resources and Commonwealth Data, or records, whether sent, received,
displayed, accessed or stored on or accessed through IT Resources, may
be accessed in any way (including but not limited to being traced,
audited, monitored, reviewed, logged, blocked, searched, or retrieved)
with or without notice to the Authorized User.
g.
Use of an IT Resource by an Authorized User is deemed to be
consent to monitoring. The use of an IT Resource by an Authorized
User constitutes consent to monitoring. By using an IT Resource,
Authorized Users consent that all activity on that IT Resource is subject
to monitoring, tracing, logging, blocking, censoring, auditing, or
searching, with or without notice, to examine or retrieve the Authorized
User’s historical or real-time activity.