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Northwest Missouri State University


NORTHWEST TECHNOLOGY CALL CENTER
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Privacy

Privacy

As we become more globally connected, Northwest is committed to ensuring efficient management and security of all campus technology resources to ensure the University's strategic goals for student success.  All individuals using Northwest-provided technology resources and accounts are required to support and abide by campus technology policies.


Overview | Laws & Penalties | GDPR Complaince | Help

You, Northwest Technology & Privacy

Everyone deserves a reasonable expectation of privacy and Northwest is committed to fostering an atmosphere where individuals can express themselves freely, share ideas and socialize without fear of being targeted due to affliations (political or otherwise) or race, color, religion, national origin, sex, sexual orientation or disability.
While Northwest is committed to preserving the privacy of its campus technology users in an effort to encourage the free exchange of ideas and communication in an environment that promotes healthy debate, constructive criticism, creativity, scholarly accomplishments and educational research, the University is equally committed to protecting the integrity and security of Northwest's campus community, infastructure, data and electronic communications.
INVASION OF PRIVACY AT NORTHWEST IS SERIOUS AND ACTIONABLE!
Intercepting or endeavoring to intercept, as well as, disclosing any electronic communication by unauthorized personnel is against Northwest Technology Policies and is subject to University disciplinary action and criminal charges.

Northwest does have the legal right to monitor communications and data whenever University-owned technology resources are used just as any other employer has the current legal right to do so to protect the rights and property of the University and its strategic goals to ensure student success. 

While Northwest's Office of Information Technology does not routinely monitor individual accounts, IT employees can perform monitoring in the normal performance of duties related to their employment, as well as, when directed to do so by law enforcement or top-level University leadership whenever specific complaints are involved to protect the University and its campus technology users from illegal activites, legal charges or threats to incite or do physical harm.  

IT staff duties can include, but are not limited to administration, troubleshooting, maintenance, repair of network online resources and infrastructure including servers, storage devices and all University-owned technology equipment located in offices and labs, as well as those issued to individuals. 

Northwest does keep a record of all login attempts, printing jobs/charges, web pages and emails served from Northwest servers for back-up, legal, billing and statistical purposes.  Communication to and from privately owned computers connected to the University wired or wireless networks are not excluded from monitoring.

Disclosure of any communications intercepted during performance of the IT employee’s job is strictly prohibited unless directed to do so by top-level University leadership for official University business permissable by law and Northwest Technology Policies and/or local, state and federal law enforcement as permissable by law.

Privacy Policies

Actively monitoring (beyond the normal performance of duties related to their employment) a single individual or group of individuals by IT staff without official University justification and an official directive by top-level University leadership (which includes the head of the Office of Information Technology) or law enforcement is prohibited and actionable. 

Students, faculty or staff not associated with the Office of Information Technology using equipment and/or software to monitor and disclose the electronic communications of others is illegal and against Northwest Technology Policies. 

Learn about privacy issues @ FOIA.gov

Disclaimer: Although the local, state and federal criminal statutes and legal consequences (e.g. fines, jail time, etc.) found within Northwest's technology policies sections have been produced and processed from legtimate government and pertinent legal/educatonal sources believed to be reliable, no warranty expressed or implied is made by Northwest regarding completeness or precision of the content.

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You, Northwest Technology & the Law

Northwest wants its students, staff and faculty to be aware of the importance of adhering to privacy rules and legal statutes to avoid civil and criminal charges and penalties, as well as, Northwest disciplinary action.
Invasion of privacy is a Class A misdemeanor punishable by up to 1 year in jail and fines of $5,000. However, if this is your second offense or violation, the charge is elevated to a Class D felony and you face 6 months to 3 years in prison as well as fines reaching $10,000.
Under US Legal Code, Title 18, section 2511, interception and disclosure of wire, oral or electronic communication are prohibited except if the organization is the provider of electronic communication services.

18 U.S.C. United States Code, 2011 Edition

Title 18

CRIMES & CRIMINAL PROCEDURE

  • PART I - CRIMES
  • CHAPTER 121 - STORED WIRE AND ELECTRONIC COMMUNICATIONS AND TRANSACTIONAL RECORDS ACCESS
    • Sec. 2701 - Unlawful access to stored communications
    • Sec. 2511 - Interception and disclosure of wire, oral or electronic communications prohibited

From the U.S. Government Printing Office

 www.gpo.gov

Privacy Invasion

§2701. Unlawful access to stored communications

(aOffense.—Except as provided in subsection (c) of this section whoever—

  • intentionally accesses without authorization a facility through which an electronic communication service is provided; OR
  • intentionally exceeds an authorization to access that facility; and thereby obtains, alters, or prevents authorized access to a wire or electronic communication while it is in electronic storage in such system shall be punished as provided in subsection (b) of this section.

(bPunishment.—The punishment for an offense under subsection (a) of this section is—

  • if the offense is committed for purposes of commercial advantage, malicious destruction or damage, or private commercial gain, or in furtherance of any criminal or tortious act in violation of the Constitution or laws of the United States or any State—
    • (A) a fine under this title or imprisonment for not more than 5 years, or both, in the case of a first offense under this subparagraph; and
    • (B) a fine under this title or imprisonment for not more than 10 years, or both, for any subsequent offense under this subparagraph; and
  • (2) in any other case—
    • (A) a fine under this title or imprisonment for not more than 1 year or both, in the case of a first offense under this paragraph; and
    • (B) a fine under this title or imprisonment for not more than 5 years, or both, in the case of an offense under this subparagraph that occurs after a conviction of another offense under this section.

(cExceptions.—Subsection (a) of this section does not apply with respect to conduct authorized—

  • by the person or entity providing a wire or electronic communications service;
  • by a user of that service with respect to a communication of or intended for that user; or
  • in section 2703, 2704 or 2518 of this title.

(Added Pub. L. 99–508, title II, §201[(a)], Oct. 21, 1986, 100 Stat. 1860; amended Pub. L. 103–322, title XXXIII, §330016(1)(K), (U), Sept. 13, 1994, 108 Stat. 2147, 2148; Pub. L. 104–294, title VI, §601(a)(3), Oct. 11, 1996, 110 Stat. 3498; Pub. L. 107–296, title II, §225(j)(2), Nov. 25, 2002, 116 Stat. 2158.)


§2511. Interception and disclosure of wire, oral or electronic communications prohibited

(1) Except as otherwise specifically provided in this chapter any person who—

  • (a) intentionally intercepts, endeavors to intercept, or procures any other person to intercept or endeavor to intercept, any wire, oral, or electronic communication;
  • (b) intentionally uses, endeavors to use, or procures any other person to use or endeavor to use any electronic, mechanical, or other device to intercept any oral communication when— 
    • (i) such device is affixed to, or otherwise transmits a signal through, a wire, cable, or other like connection used in wire communication; or
    • (ii) such device transmits communications by radio, or interferes with the transmission of such communication; or
    • (iii) such person knows, or has reason to know, that such device or any component thereof has been sent through the mail or transported in interstate or foreign commerce; or
    • (iv) such use or endeavor to use (A) takes place on the premises of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or (B) obtains or is for the purpose of obtaining information relating to the operations of any business or other commercial establishment the operations of which affect interstate or foreign commerce; or
    • (v) such person acts in the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the United States;
  • (c) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection;
  • (d) intentionally uses, or endeavors to use, the contents of any wire, oral, or electronic communication, knowing or having reason to know that the information was obtained through the interception of a wire, oral, or electronic communication in violation of this subsection; or
  • (e)
    • (i) intentionally discloses, or endeavors to disclose, to any other person the contents of any wire, oral, or electronic communication, intercepted by means authorized by sections 2511 (2)(a)(ii), 2511(2)(b)–(c), 2511(2)(e), 2516, and 2518 of this chapter, (ii) knowing or having reason to know that the information was obtained through the interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly obstruct, impede, or interfere with a duly authorized criminal investigation, shall be punished as provided in subsection (4) or shall be subject to suit as provided in subsection (5).

(2)

  • (a)
    • (i) It shall not be unlawful under this chapter for an operator of a switchboard, or an officer, employee, or agent of a provider of wire or electronic communication service, whose facilities are used in the transmission of a wire or electronic communication, to intercept, disclose, or use that communication in the normal course of his employment while engaged in any activity which is a necessary incident to the rendition of his service or to the protection of the rights or property of the provider of that service, except that a provider of wire communication service to the public shall not utilize service observing or random monitoring except for mechanical or service quality control checks.
    • (ii) Notwithstanding any other law, providers of wire or electronic communication service, their officers, employees, and agents, landlords, custodians, or other persons, are authorized to provide information, facilities, or technical assistance to persons authorized by law to intercept wire, oral, or electronic communications or to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, if such provider, its officers, employees, or agents, landlord, custodian, or other specified person, has been provided with—
      • (A) a court order directing such assistance or a court order pursuant to section 704 of the Foreign Intelligence Surveillance Act of 1978 signed by the authorizing judge, or
      • (B) a certification in writing by a person specified in section 2518(7) of this title or the Attorney General of the United States that no warrant or court order is required by law, that all statutory requirements have been met, and that the specified assistance is required, setting forth the period of time during which the provision of the information, facilities, or technical assistance is authorized and specifying the information, facilities, or technical assistance required. No provider of wire or electronic communication service, officer, employee, or agent thereof, or landlord, custodian, or other specified person shall disclose the existence of any interception or surveillance or the device used to accomplish the interception or surveillance with respect to which the person has been furnished a court order or certification under this chapter, except as may otherwise be required by legal process and then only after prior notification to the Attorney General or to the principal prosecuting attorney of a State or any political subdivision of a State, as may be appropriate. Any such disclosure, shall render such person liable for the civil damages provided for in section 2520. No cause of action shall lie in any court against any provider of wire or electronic communication service, its officers, employees, or agents, landlord, custodian, or other specified person for providing information, facilities, or assistance in accordance with the terms of a court order, statutory authorization, or certification under this chapter.
    • (iii) If a certification under subparagraph (ii)(B) for assistance to obtain foreign intelligence information is based on statutory authority, the certification shall identify the specific statutory provision and shall certify that the statutory requirements have been met.
  • (b) It shall not be unlawful under this chapter for an officer, employee, or agent of the Federal Communications Commission, in the normal course of his employment and in discharge of the monitoring responsibilities exercised by the Commission in the enforcement of chapter 5 of title 47 of the United States Code, to intercept a wire or electronic communication, or oral communication transmitted by radio, or to disclose or use the information thereby obtained.
  • (c) It shall not be unlawful under this chapter for a person acting under color of law to intercept a wire, oral, or electronic communication, where such person is a party to the communication or one of the parties to the communication has given prior consent to such interception.
  • (d) It shall not be unlawful under this chapter for a person not acting under color of law to intercept a wire, oral, or electronic communication where such person is a party to the communication or where one of the parties to the communication has given prior consent to such interception unless such communication is intercepted for the purpose of committing any criminal or tortious act in violation of the Constitution or laws of the United States or of any State.
  • (e) Notwithstanding any other provision of this title or section 705 or 706 of the Communications Act of 1934, it shall not be unlawful for an officer, employee, or agent of the United States in the normal course of his official duty to conduct electronic surveillance, as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, as authorized by that Act.
  • (f) Nothing contained in this chapter or chapter 121 or 206 of this title, or section 705 of the Communications Act of 1934, shall be deemed to affect the acquisition by the United States Government of foreign intelligence information from international or foreign communications, or foreign intelligence activities conducted in accordance with otherwise applicable Federal law involving a foreign electronic communications system, utilizing a means other than electronic surveillance as defined in section 101 of the Foreign Intelligence Surveillance Act of 1978, and procedures in this chapter or chapter 121 and the Foreign Intelligence Surveillance Act of 1978 shall be the exclusive means by which electronic surveillance, as defined in section 101 of such Act, and the interception of domestic wire, oral, and electronic communications may be conducted
  • (g) It shall not be unlawful under this chapter or chapter 121 of this title for any person—
    • (i) to intercept or access an electronic communication made through an electronic communication system that is configured so that such electronic communication is readily accessible to the general public;
    • (ii) to intercept any radio communication which is transmitted—
      • (I) by any station for the use of the general public, or that relates to ships, aircraft, vehicles, or persons in distress;
      • (II) by any governmental, law enforcement, civil defense, private land mobile, or public safety communications system, including police and fire, readily accessible to the general public;
      • (III) by a station operating on an authorized frequency within the bands allocated to the amateur, citizens band, or general mobile radio services; or
      • (IV) by any marine or aeronautical communications system;
    • (iii) to engage in any conduct which—
      • (I) is prohibited by section 633 of the Communications Act of 1934; or
      • (II) is excepted from the application of section 705(a) of the Communications Act of 1934 by section 705(b) of that Act;
    • (iv) to intercept any wire or electronic communication the transmission of which is causing harmful interference to any lawfully operating station or consumer electronic equipment, to the extent necessary to identify the source of such interference; or
    • (v) for other users of the same frequency to intercept any radio communication made through a system that utilizes frequencies monitored by individuals engaged in the provision or the use of such system, if such communication is not scrambled or encrypted.
  • (h) It shall not be unlawful under this chapter—
    • (i) to use a pen register or a trap and trace device (as those terms are defined for the purposes of chapter 206 (relating to pen registers and trap and trace devices) of this title); or
    • (ii) for a provider of electronic communication service to record the fact that a wire or electronic communication was initiated or completed in order to protect such provider, another provider furnishing service toward the completion of the wire or electronic communication, or a user of that service, from fraudulent, unlawful or abusive use of such service.
  • (i) It shall not be unlawful under this chapter for a person acting under color of law to intercept the wire or electronic communications of a computer trespasser transmitted to, through, or from the protected computer, if—
    • (I) the owner or operator of the protected computer authorizes the interception of the computer trespasser’s communications on the protected computer;
    • (II) the person acting under color of law is lawfully engaged in an investigation;
    • (III) the person acting under color of law has reasonable grounds to believe that the contents of the computer trespasser’s communications will be relevant to the investigation; and
    • (IV) such interception does not acquire communications other than those transmitted to or from the computer trespasser.

(3)

  • (a) Except as provided in paragraph (b) of this subsection, a person or entity providing an electronic communication service to the public shall not intentionally divulge the contents of any communication (other than one to such person or entity, or an agent thereof) while in transmission on that service to any person or entity other than an addressee or intended recipient of such communication or an agent of such addressee or intended recipient.
  • (b) A person or entity providing electronic communication service to the public may divulge the contents of any such communication— 
    • (i) as otherwise authorized in section 2511(2)(a) or 2517 of this title;
    • (ii) with the lawful consent of the originator or any addressee or intended recipient of such communication;
    • (iii) to a person employed or authorized, or whose facilities are used, to forward such communication to its destination; or
    • (iv) which were inadvertently obtained by the service provider and which appear to pertain to the commission of a crime, if such divulgence is made to a law enforcement agency.

(4)

  • (a) Except as provided in paragraph (b) of this subsection or in subsection (5), whoever violates subsection (1) of this section shall be fined under this title or imprisoned not more than 5 years, or both.
  • (b) Conduct otherwise an offense under this subsection that consists of or relates to the interception of a satellite transmission that is not encrypted or scrambled and that is transmitted—
    • (i) to a broadcasting station for purposes of retransmission to the general public; or
    • (ii) as an audio subcarrier intended for redistribution to facilities open to the public, but not including data transmissions or telephone calls, is not an offense under this subsection unless the conduct is for the purposes of direct or indirect commercial advantage or private financial gain.

(5)

  • (a)
    • (i) If the communication is—
      • (A) a private satellite video communication that is not scrambled or encrypted and the conduct in violation of this chapter is the private viewing of that communication and is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain; or
      • (B) a radio communication that is transmitted on frequencies allocated under subpart D of part 74 of the rules of the Federal Communications Commission that is not scrambled or encrypted and the conduct in violation of this chapter is not for a tortious or illegal purpose or for purposes of direct or indirect commercial advantage or private commercial gain, then the person who engages in such conduct shall be subject to suit by the Federal Government in a court of competent jurisdiction.
    • (ii) In an action under this subsection—
      • (A) if the violation of this chapter is a first offense for the person under paragraph (a) of subsection (4) and such person has not been found liable in a civil action under section 2520 of this title, the Federal Government shall be entitled to appropriate injunctive relief; and
      • (B) if the violation of this chapter is a second or subsequent offense under paragraph (a) of subsection (4) or such person has been found liable in any prior civil action under section 2520, the person shall be subject to a mandatory $500 civil fine.
  • (b) The court may use any means within its authority to enforce an injunction issued under paragraph (ii)(A), and shall impose a civil fine of not less than $500 for each violation of such an injunction.

(Added Pub. L. 90–351, title III, § 802, June 19, 1968, 82 Stat. 213; amended Pub. L. 91–358, title II, § 211(a), July 29, 1970, 84 Stat. 654; Pub. L. 95–511, title II, § 201(a)–(c), Oct. 25, 1978, 92 Stat. 1796, 1797; Pub. L. 98–549, § 6(b)(2), Oct. 30, 1984, 98 Stat. 2804; Pub. L. 99–508, title I, §§ 101(b), (c)(1), (5), (6), (d), (f)[(1)], 102, Oct. 21, 1986, 100 Stat. 1849, 1851–1853; Pub. L. 103–322, title XXXII, § 320901, title XXXIII, § 330016(1)(G), Sept. 13, 1994, 108 Stat. 2123, 2147; Pub. L. 103–414, title II, §§ 202(b), 204, 205, Oct. 25, 1994, 108 Stat. 4290, 4291; Pub. L. 104–294, title VI, § 604(b)(42), Oct. 11, 1996, 110 Stat. 3509; Pub. L. 107–56, title II, §§ 204, 217(2), Oct. 26, 2001, 115 Stat. 281, 291; Pub. L. 107–296, title II, § 225(h)(2), (j)(1), Nov. 25, 2002, 116 Stat. 2158; Pub. L. 110–261, title I, §§ 101(c)(1), 102(c)(1), title IV, § 403(b)(2)(C), July 10, 2008, 122 Stat. 2459, 2474.)

Data Protected by the European Union General Data Protection Regulation

By using Northwest-owned technology equipment, services and online resources, you consent to the information practices and other terms set forth in Northwest's Privacy Policy.

This page has been developed to address questions that may be presented by the European Union’s General Data Protection Regulation (GDPR).  In broad terms, the GDPR affords individuals certain rights as to how their data is used and processed, and may give them rights to access, correct, or delete their data.  The GDPR may apply to some personal information held by Northwest because, in some circumstances, we engage in activities that collect or process the personal data of individuals residing in the EU, such as EU resident applicants and students, or students studying abroad in the EU.

For applicants and students who are covered by the GDPR, this page provides information about the use of your personal information when you apply for admission and become a student at one of the universities in the University of Missouri System.  Once you apply to Northwest and/or use Northwest-owned technology equipment, services and online resources who are implicitly agreeing that Northwest has the right to collect and use your data for legitimate Northwest educational, recruitment and reporting reasons.  

Any Questions?

Northwest Technology Policies
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