Transparency and Access Requests

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 handled 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Requests Granted" figures do not include incidents that were eventually resubmitted as consensual access requests or withdrawn.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.

The report below includes non-consensual access requests received during the last 2 calendar years.  To obtain reports pertaining to prior years, please contact the privacy office at privacyoffice@berkeley.edu.

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

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

Note:  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

Note:  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	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.    7 additional requests for access to the electronic communications of former employees were approved during this time period under the "violation of law or policy" exception.  Though the Electronic Communications Policy does not apply to requests for access to the electronic communications of former employees, staff or faculty, UC Berkeley reviews these requests using the same process as it would for requests pertaining to current students, faculty or staff.

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. 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.