N.J.A.C. 4A:6-7.6 Data privacy

(a) Appointing authorities shall consult with their internal information technology office(s) when developing a telework policy regarding any security issues related to the use of computing equipment and software. Compliance with licensing agreement terms and agreements for use of all software owned by the State is required. Each appointing authority's internal information security unit is to maintain an inventory of State-owned office equipment, software, and supplies located at the teleworker's alternative worksite. Employees may perform State business on personal devices in compliance with the provisions of their pertinent telework policy with the permission and/or at the direction of their appointing authority only. #

(b) Teleworking employees must exercise a high degree of care when discussing, reviewing, or working with non-public information acquired in the course of official duties at their alternative worksite. #

(c) Employees who are provided with portable information assets, such as laptop computers, are responsible for the physical security and condition of these assets. When an information asset is allocated to an employee, the employee assumes temporary custodianship of the asset. Appointing authority information assets issued to employees and contractors shall remain the property of the issuing appointing authority. #

(d) Records created and stored in the course of State government business, including records in both electronic and paper form created in an alternative worksite, are public records. Therefore, these records are subject to the State's public records retention/disposition law and the Open Public Records Act. This is inclusive of records created on both State-issued and personal devices. #

(e) In-person work-related meetings with colleagues and clients shall not be conducted in the alternative worksite when teleworking. Such meetings may be conducted from the alternative worksite only by telephone or a video conferencing or similar platform, as supported/approved by the appointing authority's information technology function. Any in-person meetings must be scheduled at an approved meeting place, such as a State agency's office site or the employee's official reporting location. #

(f) Employees are responsible for maintaining an alternative worksite that is safe and ergonomically suitable. Appointing authorities must specify any equipment or technology access the employee will need to telework and whether it will be employee- or employer-provided. In the event of equipment failure or service interruption, the employee must notify the appointing authority, or the appointing authority's designee, immediately to discuss alternative assignments or other options. #