USA Patriot Act
Loyola Marymount University Policy Regarding Requests for
Information Pursuant to the USA Patriot Act
The Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001 (the "USA Patriot Act" or the "Act") was enacted by Congress as a means to combat domestic and international terrorism. Although the Act both creates new law and amends existing law, it affects University operations primarily through amendments to the Family Educational Rights and Privacy Act of 1974 (FERPA), the Foreign Intelligence Surveillance Act of 1978 (FISA), and the Electronic Communications Privacy Act of 1986 (ECPA).
Generally, the Act grants the Federal Bureau of Investigation, law enforcement, and other governmental entities easier access to a wide range of records, data, and surveillance, including business records, medical records, educational records, library records, and stored electronic data and communications. The Act also, among other things, provides a mechanism for individuals to report suspected network trespass and certain electronic threats of danger directly to law enforcement agencies.
In order for the University to fulfill both its legal responsibilities under the Act and its obligations to protect the privacy of its students and employees, the following protocol must be followed when responding to requests for information under the Act.*
I. Requests for Information, Access to Electronic Communications/Databases
Any University employee or student worker who receives a request for information or access to electronic communications or databases, in any form, shall:
1. Determine whether the individual, about whom the request is being made, is a student, an alumnus/a, or an employee;
2. Refer requests regarding students or alumni to the Associate Academic Vice President of Records and Registration or that person's designate to respond to requests regarding students or alumni. Refer requests regarding employees to the Assistant Vice President of Human Resources or that person's designate to respond to requests regarding employees; and
3. Not disclose the request to anyone other than those names above, including the student or employee who is the subject of the request.
The individuals named above ("Designated Officials") shall routinely consult with the General Counsel regarding specific requests for information or access to electronic communications.
The Chief Information Officer shall assist Designated Officials in processing requests concerning electronic communications or databases.
II. Suspected Computer Trespass
Any member of the University community who reasonably believes his or her department's computer system has been compromised by a computer trespasser and who would like law enforcement to investigate the matter shall first report the matter to Public Safety. Public Safety shall investigate the matter and consult with the appropriate Designated Officials and the General Counsel prior to contacting law enforcement.
III. Voluntary Disclosure of Electronic Communications or Records
Any member of the University community who accesses electronic communications or records and reasonably believes that he or she has accessed information which constitutes an emergency involving immediate danger of death or serious physical injury may either contact Public Safety or a law enforcement agency directly. If Public Safety is contacted, Public Safety shall respond to the immediate emergency situation and then subsequently follow up with the appropriate Designated Officials.
Questions regarding this policy should be directed to the Designated Officials named above.
* Legitimate requests for information under the Act take a variety of forms, including subpoenas, warrants, administrative orders, and court orders. The Act also modifies certain disclosure requirements under existing law.