Employee Email Accounts Protected

Public access of electronic mail (email) messages sent to and from an employee’s government of Guam email account shall be subject to the provisions of Chapter 10 of Title 5, Guam Code Annotated (Freedom of Information Act).

(a)Any email messages regarding information not authorized to be public by the Freedom of Information Act shall continue to be non-public information.

(b)Searches of files, messages and files contained in an employee’s government of Guam email account may be conducted by investigatory personnel if authorized by a warrant issued by a court of competent jurisdiction.

(c)If a warrantless search, without probable cause, is conducted of the messages and files in an employee’s government of Guam email account, no information may be used against the employee in a civil or criminal proceeding.

(d)Any warrantless searches of an employee’s government of Guam email accounts, and the purposes of such searches, shall be reported to the Office of the Attorney General prior to conducting the search.