Opportunity To Examine Email Access at the National Indian Gaming Commission

During a recent OIG investigation, we found that the National Indian Gaming Commission (NIGC) has an internal policy that permits authorized senior staff to obtain access to employee emails to ensure “efficient and proper operation of the workplace,” or to search for “suspected misconduct.” We found, however, that the NIGC has no systems, processes, or procedures in place to approve, track, or account for internal email queries of employees’ emails. While we found no U.S. Department of the Interior policy that prohibited such queries, we are concerned about the negative effect this practice could have on employees making protected disclosures. The U.S. Office of Special Counsel (OSC) issued a memorandum to all executive departments and agencies in February 2018 urging that policies and practices for monitoring employee communications “do not interfere with or chill employees from lawfully disclosing wrongdoing.” To avoid a chilling effect on NIGC employees seeking to engage in protected whistleblowing activity and to ensure adequate oversight of its access to individual Government email accounts, we made one recommendation that the NIGC establish formal policies and procedures consistent with the OSC’s guidance that also provide a way for the NIGC to track and retain all requests and productions. We issued this management advisory to the NIGC Chairman.