JUDICIAL BRANCH OF THE NAVAJO NATION
COURT AUTOMATION POLICY
March 4, 1996
TABLE OF CONTENTS
A. PURPOSE
To provide a uniform automated system for the
management of cases before the courts of the Navajo Nation. This
policy provides standards on the acquisition of computer hardware
and software, and for training and computer development. This policy
further provides guidance on security, confidentiality, integrity,
and availability of data management.
B. SCOPE
This policy applies to Navajo Nation Judicial Branch
employees and all other authorized individuals and agencies
requesting access to information. This policy shall be consistent
with all applicable Navajo laws.
C.
STATEMENT OF POLICY
1. |
The
automation system of the Navajo Nation courts shall be
referred to as the "Navajo Nation Court Management
Information System" and will operate on a computer
networking environment. The automation system will manage
cases including criminal, civil. traffic. and children's
matters, and provides automated functions (i.e. creating,
editing, modifying, listing of proceedings. calendaring, and
accounting). |
2. |
All laws
and regulations governing access to information on the
Navajo Nation Court Management Information System shall be
observed. |
3. |
All
purchases of computer equipment shall be uniform and
compatible with the Navajo Nation Court Management
Information System. Any purchases inconsistent with this
policy is prohibited. |
4. |
All Navajo
Nation Judicial Branch employees will be trained on the
operations, expansion and development of the Navajo Nation
Court Management Information System. The scope of training
shall be consistent with the Navajo Nation Court Management
Information System. |
D. AUTHORITY
AND RESPONSIBILITY
1. |
The Navajo
Nation Court Automation Commission designated by the Chief
Justice of the Navajo Nation is responsible for the
development of the Navajo Nation Court Management
Information System. The Commission will have one
representative from the Central Administration, the Navajo
Nation Supreme Court, and each judicial district. Commission
membership shall consist of judges, and court administrators
approved by the Chief Justice and will serve indefinite
terms. |
2. |
The
authority and responsibility for security controls are
derived from applicable federal and Navajo Nation laws,
regulations and directives. |
3. |
The Systems
and Programming Manager for the Navajo Nation Judicial
Branch shall be responsible for the overall operations of
the Navajo nation Court Management Information System. Some
of the duties will include: conducting security audits,
development and implementation of security standards,
development of security training programs, investigation and
tracking of security breaches. The Systems and Programming
Manager shall report any breaches of the Navajo nation Court
Management Information System to the Commission for
corrective action. This section does not apply to personnel
actions. |
4. |
Employees
of the Navajo Nation Judicial Branch shall not release
information stored in the Navajo Nation Court Management
Information System to persons outside of the Judicial Branch
without authorization of the Systems and Programming
Manager. Any violation of this section shall be cause for
discipline or termination. |
5. |
Any person
authorized to work with the Navajo Nation Court Management
Information System shall not: |
|
a. |
Reveal
Navajo Nation Judicial Branch data to persons not
specifically authorized to receive such data. |
|
b. |
Attempt or
achieve access to Navajo Nation Judicial Branch data outside
of job duties and responsibilities. |
|
c. |
Enter,
alter, or erase Navajo Nation Judicial Branch data for any
purpose. |
|
d. |
Enter,
alter, or erase Navajo Nation Judicial Branch data
maliciously or in retribution for real or imagined abuse, or
for personal amusement. |
|
e. |
Use Navajo Nation Judicial Branch terminals, workstations, printers
and/or other equipment for other than work-related purposes. |
|
f. |
Use another
person's data access control identifier and password. |
|
g. |
Reveal
personal Navajo Nation Court Management Information System
accounts and/or passwords to another person. |
|
h. |
Ask another
user to reveal his/her personal Navajo Nation Judicial
Branch account and/or password. |
|
i. |
Make any
exceptions to the Navajo Nation Judicial Branch Court
Automation Policy without prior approval from the Navajo
Nation Court Automation Commission and/or the Chief Justice
of the Navajo Nation. |
6. |
Support for
the Navajo Nation Court management Information System shall
be provided by the System Managers at a local (district)
level, a Systems and Programming Manager at an area level,
and through support services provided by the Pima County
Consolidated Courts of Tucson, Arizona. |
7. |
The
modifications of the Navajo Nation Court Management
Information System in terms of upgrade and modification will
be provided by the Sentencing Commission in consultation
with the Systems and Programming Manager. |
8. |
The Navajo
Agency Network staff will have unrestricted access to the
Navajo Nation Court System for technical support,
monitoring, and programming assistance purposes. The Navajo
Nation Judicial Branch will cooperatively implement a Navajo
reservation-wide networking system linking "the judicial
districts through equipment installed by the Navajo Agency
Network office. Necessary expenses for the implementation
provision of this service will be communal between the
Navajo Nation Judicial Branch and the Navajo Agency Network
office. |
E.
BREACHES OF SECURITY
Appropriate action will be taken to ensure that
applicable federal and Navajo Nation laws. regulations and
directives governing data security are enforced. A breach of
procedures occurring pursuant to this policy or misuse of property
including computer programs, equipment and/or data by employees of
the Navajo Nation Judicial Branch may result in disciplinary action
including dismissal and/or prosecution in accordance with the
established Personnel Policies and Procedures of the Judicial
Branch, and breaches of security by outside agencies may result in
the requirement for additional restrictions. and/or discontinuation
of access to information, and/or prosecution.
F.
DATA RESPONSIBILITY
CLASSIFICATIONS
1. |
Data
owners, guardians, custodians and users have a shared
responsibility to ensure data protection. |
|
a. |
DATA
OWNERS. The Navajo Navajo Council. pursuant to 2 N.N.C. §
102(a), is the governing body of the Navajo Nation, and will
act as the owner of all Navajo Nation governmental data, The
government as a legal entity retains the exclusive right and
use of all information assets in accordance with applicable
federal. state and Navajo Nation laws, regulations and
directives. |
|
b. |
SYSTEMS AND
PROGRAMMING MANAGER. The person primarily responsible for
the coordination and implementation of the Open Information
Environment in relation to the three branches of the Navajo
Nation government, Additional responsibilities will include
management of data and the provision of training, technical
support and assistance to each judicial district of the
Navajo Nation Judicial Branch. |
|
c. |
SYSTEM
MANAGERS, Each judicial district will designate a primary
and secondary System Manager for management of the Navajo
Nation Court Management Information System. The manager(s)
will be responsible for data-processing, distribution, and
storage operations. The Manager(s) will also be responsible
for the provision of technical support and assistance at the
local (district) level. |
|
d. |
DATA USERS,
Any employee of the Navajo Nation Judicial Branch or outside
agency who requires, manipulates, further processes and/or
disseminates data shall be designated as a use of that data. |
G. SHARING
OF DATA
1. |
Data-sharing agreements with local non-judicial Data Users
may be initiated informally among the local District/Family
Court Judges, the System Manager, and local non-judicial
Data Users who have an established need for access to data
owned by the Navajo Nation Judicial Branch. |
2. |
Data-sharing agreements with non-judicial Data Users within
the Navajo Nation may be initiated among the Chief Justice,
Systems and Programming Manager, and the non-judicial Data
Users who· have an established need for access to data owned
by the Navajo Nation Judicial Branch. |
3. |
Data-sharing agreements involving governmental agencies and
other Data Users outside of the Navajo Nation shall be
initiated among the Chief Justice, the Judiciary Committee
of the Navajo Nation Council, and outside Data Users who
have an established need for access to data owned by the
Navajo Nation. |
4. |
Approval of
all data-sharing agreements shall be based upon the
provisions of federal and Navajo Nation laws, regulations
and directives. Access to information/data in the Navajo
Nation Court Management Information System by Navajo Nation
Judicial Branch employees shall not be restricted or
impaired in any manner. |
H. INDIVIDUAL
RECORD REVIEW
1. |
Access and
reviewing of a person's individual records including client
data, provider data and personnel data will be permitted in
accordance with federal and Navajo Nation laws, regulations
and directives governing confidentiality. |
2. |
Attorneys
or court advocates representing an individual before the
Navajo Nation courts will also be permitted and will be
governed by the attorney-client confidentiality privileges
and privacy. |
I.
SOFTWARE DEVELOPMENT AND ACQUISITION
1. |
This policy
governs all software and specifically addresses purchasing,
developing and maintaining software applications. Each
software application will be evaluated in terms of its
compatibility with established security controls. No
software shall bypass or interfere with these security
controls. Such controls may be include use of data
encryption software, passwords and/or physical controls. |
2. |
Development, modifications, and/or implementation of
software applications and programs shall be compatible with
the designated Navajo Nation Court System and its networking
environment. |
J. COMMUNICATION
SECURITY
Protection for telecommunications must comply with
federal regulations and Navajo Nation laws.
K. DEFINITIONS
1. |
ACCESS --
the obtaining or viewing of data; the ability and the means
to approach, store or retrieve data, to communicate with, or
to make use of any recourse. |
2. |
BREACH -- a
violation of federal or state security laws or regulations;
or violations of the Navajo Nation security policies and
procedures, and the Navajo Nation Judicial Branch court
automation policies. |
3. |
CONFIDENTIALITY -- a term that refers to data whose
unauthorized disclosure could be prejudicial to the Navajo
Nation Judicial Branch, its employees, its providers, or its
clients. |
4. |
DATA-ACCESS
CONTROLS -- administrative measures employed, and the tasks
performed by hardware and software to monitor system
operations, ensure data integrity, perform user
identification, record system access and changes, and grant
user access. |
5. |
DATA
INTEGRITY -- the preservation of data or programs for their
intended purpose. The state that exists when computerized
data is the same as the source documents and has not been
exposed to accidental or malicious alteration or
destruction. |
6. |
HARDWARE --
the computer and all related or attached machinery, such as
mechanical, magnetic, electrical, and electronic devises
used in data processing. |
7. |
NAVAJO
NATION COURT MANAGEMENT INFORMATION SYSTEM -- the automated
system of the Navajo Nation Judicial Branch which operates
on a computer network environment. |
8. |
PASSWORD --
a unique word or string of characters that a program,
computer operator or user must supply to meet security
exposures. |
9. |
PRIVACY --
the right of individuals and organizations to control the
collection, storage and dissemination of their data or
information about themselves. |
10. |
SAFEGUARDING -- providing precautionary measure,
stipulations or technical contrivances to prevent security
exposures. |
11. |
SECURITY
CONTROLS -- measures designed to secure the access of data
by its users through various forms of restrictions. |
12. |
SOFTWARE --
a set of computer programs, procedures, and associated
documentation concerning the operation of a computer system. |
13. |
STORAGE --
a facility used for housing data or computer programs and
retaining them for subsequent use.
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