CH-ZH
Ordinance of the Highest Cantonal Courts on the Use of Internet and Email (EMail)
Table of Provisions (15)
Statutory Text (15 Articles)
This Ordinance regulates the use of the Internet and e-mail, and the prevention of their misuse, with cantonal IT resources by the judges and other employees of the judiciary.
II. Rules of Use
Content-Related Usage Restrictions
Websites containing illegal, pornographic, racist, sexist, or glorifying violence content may not be intentionally accessed or used, unless there is a professional necessity. Emails with such content may not be further disseminated.
Technical Restrictions on Use
Unacceptable is
a) the sending of chain letters,
b) the automatic forwarding of e-mails to external e-mail addresses,
c) the downloading or installation of games as well as audio and video files from the internet.
The competent supreme cantonal court may authorise the downloading or installation of files within the meaning of para. 1 lit. c.
If network overload is imminent due to extraordinary events, the competent Secretary-General may further restrict data traffic.
Employees using the internet or e-mail for private purposes,
during and outside working hours, must limit themselves to a minimum
and keep it brief.
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211.22 Internet and E-mail – Regulations of the Highest Cantonal Courts
The following are prohibited for private purposes
a) saving official e-mail addresses on the internet,
b) sending e-mails that cause heavy network load, particularly
sending to a large circle of recipients or sending large
amounts of data,
c) participation in interactive media, especially chatrooms.
The competent highest cantonal court may further restrict the private
use of the internet and e-mail.
As technical and organizational protective measures, the following may be ordered in particular
a) the blocking of internet pages,
b) the ordering of personalized evaluations, if the conditions
according to § 10 below are met,
c) the unblocking of blocked internet pages,
d) the ordering of anonymous area-specific evaluations, which
provide information about the accessed internet addresses and,
where possible, about the time and number of accesses and
transferred data volumes.
The competent supreme cantonal court may issue supplementary provisions.
All employees with Internet or email access shall sign a declaration acknowledging that they have been made aware of the usage regulations and have taken note of the possible criminal, civil, and employment law consequences of misuse of the Internet and email.
The declaration shall be filed in the personnel file.
Operating Unit
Other Bodies
III. Organization
Operating units are the IT services responsible for the operation of Internet and e-mail services.
Through contract or instruction, it is ensured that the operating unit enables the legally compliant and secure use of Internet and e-mail.
Each supreme cantonal court determines which bodies are internally responsible for the tasks assigned to it by the ordinance.
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Internet and E-Mail – Ordinance of the Supreme Cantonal Courts
IV. Misuse of Internet and E-Mail Services
211.22
An abuse within the meaning of this Regulation consists of a breach of §§ 2, 3, 4 and of the supplementary provisions pursuant to §§ 4 and 5.
The competent highest cantonal court points out to the employees that from now on, internet access or e-mail traffic will be logged and evaluated on a personal basis if
a) in the case of internet access, abuses of significant scope exist or
b) in the case of e-mail traffic, there is a concrete suspicion of abuse.
Following a warning, the competent supreme cantonal court may order personal reports regarding internet-related access or email traffic. Personal reports may be created for a maximum of three months.
a) Order
The operating entity shall provide the reports to the competent supreme cantonal court.
Personal reports on Internet access contain
b) Content
a) the name of the Internet user,
b) the Internet addresses accessed,
c) where possible, the time and number of accesses as well as the amount of data transferred.
Personal reports on e-mail traffic contain
a) the name of the e-mail user,
b) the addresses accessed,
c) the time of dispatch,
d) the data volume of outgoing e-mails.
The competent supreme cantonal court decides, based on the personal reports, whether an administrative investigation will be conducted against the person concerned.
It communicates the decision to the person concerned.
If the competent highest cantonal court decides not to conduct an examination and
administrative investigation, the personal reports and minutes will be destroyed after 30 days.
Destruction of documents
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211.22
Internet and E-Mail – V of the Highest Cantonal Courts
V. Final Provision
Entry into force
This Ordinance comes into force on July 1, 2004.
1 OJ 59, 155.
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