Health Care Department Operations Manual

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Chapter 5 – Administrative

Article 3 – Information Technology

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5.3.5 Electronic Mail Retention

  • Policy

    • California Correctional Health Care Services (CCHCS), Information Technology Services Division (ITSD) shall retain all sent and received electronic mail (e-mail) from the CCHCS E-mail System regardless of whether it has been opened or not, for a period of three years.  E-mail messages are subject to federal and state laws.

  • Purpose

    • The purpose of this policy is to establish parameters to effectively capture, manage, and retain e-mail messages.  Policy guidelines cover information that is either stored or shared via e-mail, including e-mail attachments.

  • Applicability

    • This policy applies to all CCHCS staff utilizing the CCHCS E-mail System network.

  • Responsibility

    • CCHCS’s Chief Information Officer shall authorize and enforce this policy.

    • Organizational users shall review, understand, and comply with this policy.

    • ITSD shall ensure adequate processes and procedures are in place to comply with policy directives.

  • Control and Maintenance

    • If litigation is pending or future litigation is reasonably probable, the law imposes a duty upon CCHCS to preserve all documents and records that pertain to the litigation.  A litigation hold directive overrides any retention policy until the litigation has been cleared.

    • This policy specifies the period for which CCHCS ITSD shall retain e-mails but does not supersede the record retention schedule of any area of CCHCS. Each area of CCHCS is responsible for ensuring retention of records in compliance with that area’s own record retention schedule.

    • This policy shall be reviewed annually by CCHCS ITSD to ensure compliance with federal and state law. 

    • CCHCS employees and contractors may submit inquiries regarding the policy to ITSD by submitting an Information Technology Solution Center ticket.

  • References

    • California Government Code, Title 1, Division 7, Chapter 3.5, Inspection of Public Records, Article 1, Section 6250-6265

    • California Penal Code, Part 4, Title 3, Chapter 2, Criminal Offender Record Information, Section 13100-13104

    • California Code of Regulations, Title 15, Division 3, Chapter 1, Subchapter 4, Article 1, Section 3261.2, Authorized Release of Information

    • California State Administrative Manual, Section 5320, Training and Awareness for Information Security and Privacy

    • Department of Corrections and Rehabilitation, Department Operations Manual, Chapter 1, Article 16, Section 13040.11.1, Retention of Public Records Act Requests

    • Department of Corrections and Rehabilitation, Department Operations Manual, Chapter 4, Article 36, Section 47090.10, Instant Messaging Retention

    • Department of Corrections and Rehabilitation, Department Operations Manual, Chapter 4, Article 38, Section 47110.16, E-Mail Retention

  • Revision History

    • Effective: 01/2017
      Reviewed: 03/07/2023