Fair Data Search Policy and Procedures

Policy

• A judicial search warrant or other legal requirement
• Administrative needs
  • Enterprise records
  • Campus investigation
• Personal needs
  • Account owner
  • Executor of estate

A fair data search should: fulfill the stated purpose, preserve institutional records, and respect individual privacy. It is never used for a fishing expedition. Possible origins of the request include law enforcement, UB administrative departments, Human Resources, an estate executor, and the individual who owns the files.

Procedures

1. Authority: A Fair Data Search is approved by the CIO, with the authority of the President. The search is conducted under the direction of the Computer Discipline Officer (CDO) or designee.
2. The Search Team: The search team will consist of at least two specialists, with the CDO as leader. All materials viewed by the search team are held in strict confidence.
3. Role of the Administrative Department: The administrative unit does not conduct the search: a trained, impartial third party conducts the search. The unit will be consulted. They may also provide technical support when needed due to idiosyncracies of their systems.
4. Schedule. The search is scheduled based on urgency of need, availability of resources, and mutual convenience between department and search team.
5. Search Depth/Limits: Where possible, the depth and time limits of the search will be negotiated based on the value of the recovered information. Judicial searches are limited as described in the search warrant.
6. Items to Search:. The search may include all of the following: Institutional email (.buffalo.edu), departmental email (.eng, .cse, etc.), desktop machines, UB-owned laptops, departmental servers.
7. Format of final product: The recipient must specify at the outset how s/he would like to receive the final product of the search: on electronic disk, via email, via secure ftp, or a paper copy.
8. Data Preservation: Copies of all files/emails are made to preserve the originals. All searching is performed on the copies.
9. Data Trimming: If appropriate, all files/emails beyond the appropriate timeframe are removed. Spam is then removed from email.
10. Heuristics: The following heuristics may be used: sort by thread, sort by sender, or use folder and file names as a guide. The search team will determine the appropriate heuristics.
11. Record keeping: Careful notes are kept on who conducted search, times and dates, places, etc. Any anomalies are noted.

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    Contacts:

    Richard H. Lesniak, PhD
    Director, Academic Services, CIT
    University at Buffalo
    201 Computing Center
    Buffalo, New York 14260
    Phone: (716) 645-6158
    Fax: (716) 645-3734
    E-mail: lesniak@buffalo.edu
    

    University at Buffalo's Computer Discipline Officer:
    Michael J. Behun, Jr.
    Computer Discipline Officer University at Buffalo Information Technology
    247 Computing Center
    Buffalo, New York 14260-1408
    Phone: (716) 645-7739
    Fax: (716) 645-3734
    E-mail: behun@buffalo.edu