Preservation, Access Requests, and Transparency

Privacy is fundamental to the University of California, Berkeley. It underpins academic and intellectual freedoms, which are key to the University mission. The University does not examine or disclose electronic communications records without the holder's consent, except under the limited circumstances defined in the UC Electronic Communications Policy (ECP), which establishes allowable use and privacy of electronic communications, and also clarifies limits on privacy protections. 

Access Requests

Like any other large organization, UC Berkeley sometimes receives requests to preserve or inspect account information or content from internal and external entities such as University or external counsel, Audit, Investigations, Human Resources, department management, law enforcement, and federal officials. 

IT Preservation

When implementing IT preservation of electronic communications without inspection, UC Berkeley will provide notice to the account custodian contemporaneously (or as soon as practicable) unless notice is prohibited by law or withholding notice is deemed necessary for highly sensitive matters. At UC Berkeley, IT preservation without notice requires review and authorization analogous to ECP access without consent approvals.

Access for Inspection

Requests for access to electronic communication for inspection, require consent of the record holder, except in the limited circumstances defined in the ECP, i.e.,: 

  • 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.

 Access for inspection without consent requires review and authorization according to UC Berkeley's implementation of the Electronic Communications Policy.

Special Purpose Accounts (SPAs)

SPAs are assigned to the primary department of the requestor at the time the SPA is created. This makes them different from accounts assigned to individual custodians. SPAs may be preserved and accessed for inspection for investigative or regulatory purposes with notice to the SPA Assignee department head.

Transparency

Routine Online Monitoring

The access request procedures above and transparency reports below do not cover routine system monitoring, e.g., for information security and application administration and maintenance.

Electronic Communications Transparency Reports

The following Electronic Communications Transparency Reports record the number of requests and approvals for non-consensual access to UCB electronic communications: including email, calendar, online document collaboration and storage, as well as individual computing devices. The reports do not cover access to records in central administrative systems.

"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 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.

For IT Preservation only (without access for inspection): Prior to July 2025, if consent was not obtained non-consensual access approvals were sought. Beginning in July 2025, for IT preservation only without access for inspection, notice to custodians is provided.

UC Berkeley's transparency reports were designed in partnership with bConnected transparency advocates.

Non-Consensual Access to Electronic Communications July 2025 - Dec 2025

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

 0 0 4 4

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  0 0 3 3
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

  1. Required by and consistent with law2
  2. Violation of law or policy3
  3. Compelling circumstances4
  4. Time-dependent, critical operational circumstances5
  0

0

2

  1. 1
  2. 1
  3. 0
  4. 0
 2

Non-Consensual Access to Electronic Communications Jan 2025 - June 2025

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

 0 213 1 214

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  0 213 1 214

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

  0 0 0 0

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

  0 3 0 0

REQUESTS GRANTED UNDER ECP

  1. Required by and consistent with law2

  2. Violation of law or policy3

  3. Compelling circumstances4

  4. Time-dependent, critical operational circumstances5

  0

210

  1. 0
  2. 0
  3. 210
  4. 0
 1 211
Notes: IT preservation without inspection of 213 faculty and former faculty records was taken to avoid loss or damage of records prior to notice and consent. After June 2025, when IT preservation only is taken in preparation for collection required by and consistent with law, notice to custodians with the opportunity to express concerns is provided, replacing the previous practice of collecting custodian consent or non-consensual access approvals for preservation.  

Non-Consensual Access to Electronic Communications July 2024 - December 2024

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

 0 1 4 5

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  0 1 4 5

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

  0 0 0 0

REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

  0 0 0 0

REQUESTS GRANTED UNDER ECP

  1. Required by and consistent with law2

  2. Violation of law or policy3

  3. Compelling circumstances4

  4. Time-dependent, critical operational circumstances5

  0

1

  1. 0
  2. 0
  3. 1
  4. 0

4

  1. 0
  2. 4
  3. 1
  4. 1

5

  1. 0
  2. 4
  3. 2
  4. 1

Non-Consensual Access to Electronic Communications Jan 2024 - June 2024

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  1 1 5 7

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  1 1 5 7
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  1 1 5 7
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 1 0 4 5
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 1 1 2
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0

Non-Consensual Access to Electronic Communications July 2023 - December 2023

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  1 0 2 3

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  1 0 2 3
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  1 0 2 3
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 2 2
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  1 0 0 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0

Non-Consensual Access to Electronic Communications Jan 2023 - June 2023

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  4 0 0 4

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  4 0 0 4
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  4 0 0 4
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 1 0 0 1
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  3 0 0 3
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0

Non-Consensual Access to Electronic Communications July 2022 - December 2022

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  0 2 5 7

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  0 2 5 7
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  0 2 5 7
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 1 4 5
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 0 1 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 1 0 1

Non-Consensual Access to Electronic Communications January - June 2022

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  2 0 3 5

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  2 0 3 5
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  1 0 0 1
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 2 2
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		 1 0 1 2
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  1 0 0 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0

Non-Consensual Access to Electronic Communications July-December 2021

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  4 1 16 21

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  4 0 16 20
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 10 10
REQUESTS GRANTED UNDER ECP  4 0 6 10
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 4 4
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		  4 0 1 5
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 1 1
Note: Access without consent to electronic communications requests pertaining to student communications for this period pertain to academic integrity investigations into alleged violations of University policy during remote exams.

Non-Consensual Access to Electronic Communications January-June 2021

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  9 5 8 22

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  9 5 8 22
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  9 5 8 22
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 4 7 11
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		  9 1 1 11
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0
Notes:  listing does not include access granted under the Audit exception to the Electronic Communications Policy
Access without consent to electronic communications requests pertaining to student communications for this period (for all but one of these requests) pertain to academic integrity investigations into alleged violations of University policy during remote exams.

Non-Consensual Access to Electronic Communications July-December 2020

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  24 0 2 26

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  24 0 2 26
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1  0 0 0 0
REQUESTS GRANTED UNDER ECP  24 0 2 26
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 24 0 0 24
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		   0 2 2
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0
Notes:  July-December 2020 listing does not include access granted under the Audit exception to the Electronic Communications Policy
Access without consent to electronic communications requests pertaining to student communications for this period pertain to academic integrity investigations into alleged violations of University policy during remote exams.

Non-Consensual Access to Electronic Communications Jan-July 2020

 STUDENT
RECORD
HOLDER		FACULTY
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  0 1 7* 8*

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 0 7* 7*
REQUESTS GRANTED UNDER ECP  0 1 0 1
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 0 0
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 1 0 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 0 0

Edited 2025-12-11 to include access to 7 former employee electronic communications under "Requests granted where ECP was not applicable"

Non-Consensual Access to Electronic Communications July-Dec 2019

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

TOTAL NON-CONSENSUAL ACCESS REQUESTS

  0 0 2 2

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

  0 0 2 2
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)  0 0 0 0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1   0 1 1
REQUESTS GRANTED UNDER ECP  0 0 1 1
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		  0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 0 0
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		  0 0 0 0
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		  0 0 1 1

*Includes requests pertaining to staff/faculty employed by UC Berkeley at the time of request

Non-Consensual Access to Electronic Communications Jan-June 2019

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

TOTAL NON-CONSENSUAL ACCESS REQUESTS

0

1

0

1

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

0

1

0

1
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)

0

0

0

0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

0

0

0
REQUESTS GRANTED UNDER ECP

0

1

0

1
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		 0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 0 0
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		 0 1 0 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		 0 0 0 0
*Includes requests pertaining to staff/faculty employed by UC Berkeley at the time of request

Non-Consensual Access to Electronic Communications July-Dec 2018

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

TOTAL NON-CONSENSUAL ACCESS REQUESTS

1

0

1

2

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

1

0

1

2
ACCESS TAKEN UNDER ECP EMERGENCY CIRCUMSTANCES (PRIOR TO ECP APPROVALS)

0

0

0

0
REQUESTS GRANTED WHERE ECP WAS NOT APPLICABLE1

0

0

0

0
REQUESTS GRANTED UNDER ECP

1

0

1

2
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		 0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 0 0
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		 1 0 0 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		 0 0 1 1
*Includes requests pertaining to staff/faculty employed by UC Berkeley at the time of request

Non-Consensual Access to Electronic Communications Jan-June 2018

 STUDENT
RECORD
HOLDER		FACULTY*
RECORD
HOLDER		STAFF
RECORD
HOLDER		TOTAL

TOTAL NON-CONSENSUAL ACCESS REQUESTS

0

0

2

2

TOTAL NON-CONSENSUAL ACCESS REQUESTS GRANTED

0

0

2

2
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

0

0

1

1
GRANTED UNDER ECP: 
- REQUIRED BY AND CONSISTENT WITH LAW2		 0 0 0 0
GRANTED UNDER ECP: 
- VIOLATION OF LAW OR POLICY3		 0 0 0 0
GRANTED UNDER ECP: 
- COMPELLING CIRCUMSTANCES4		 0 0 1 1
GRANTED UNDER ECP: 
- TIME-DEPENDENT, CRITICAL OPERATIONAL CIRCUMSTANCES5		 0 0 0 0
*Includes requests pertaining to staff/faculty employed by UC Berkeley at the time of request
1 ECP WAS NOT APPLICABLE: ECP not applicable due to audit/investigation exception, or when an account holder has separated from the University, or the account does not belong to an individual (such as an automated response inbox for a University business function, however, ECP approval protocol was still followed.
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.