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Citizens push Saanich council for privacy breach investigation

Saanich council heard a parade of residents Monday call for an independent investigation into how monitoring software was unlawfully installed on elected officials’ and district employees’ computers.
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Saanich Mayor Richard Atwell will ask council to implement recommendations from the provincial privacy commissioner.

Saanich council heard a parade of residents Monday call for an independent investigation into how monitoring software was unlawfully installed on elected officials’ and district employees’ computers.

The emotional input came at a council meeting Monday night, where Mayor Richard Atwell put forward a motion to implement recommendations made by B.C. Privacy Commissioner Elizabeth Denham, following her investigation into the installation of Spector 360 on municipal computers.

One speaker compared the installation of spyware to a James Bond film, while another said the district had humiliated its constituents, making Saanich a national laughing stock.

“Privacy is one of our most fundamental rights,” Atwell said at the meeting. “It is now clear, from the commissioner’s report, that serious mistakes were made.”

There are still many unanswered questions, and council should be firmly at the helm of restoring trust in the municipality, he said.

Atwell’s motion included nine actions ranging from apologizing to everyone whose privacy rights were violated by the software to defining the duties of the new position of privacy officer.

The motion was in response to a scathing report from Denham, who found the district violated the B.C. Freedom of Information and Protection of Privacy Act, showing a “deep lack of understanding” of privacy law.

Denham’s March 30 report found the Spector 360 software district officials installed on employee and council computers had the power to capture everything from employees’ banking information to private passwords, yet the officials failed to adequately notify those affected.

Spector 360 also captured personal information of constituents who contacted the mayor, district administrators or the executive assistants to councillors, Denham’s investigation found.

Atwell opened Monday’s committee-of-the-whole meeting by calling fellow council members’ “minimal” response to his concerns “disheartening.” But he promised that Saanich would no longer be a place of secrecy.

Although the district has said it disabled Spector 360 from all computers 10 days before Denham’s report was released, Atwell asked for a report confirming how, when and by whom it was disabled — including details of how personal information collected was destroyed.

He also asked for a report on how errors made it into a Jan. 13 media release from the district, which said the software was installed in response to a May 2014 audit.

Atwell’s motion also supported the creation of a privacy commissioner position and outlined his or her duties. They include compiling a registry of personal information held by the district, conducting a comprehensive audit within 60 days of being hired, and developing a best-practices program 30 days after the audit report.

Karen Harper, a retired chief information officer from the B.C. Pension Corporation, said missing from Atwell’s motion is an answer to the question: How did this happen?

“I’ve never seen a report like this in my entire career,” she said, calling for an independent investigation, a request echoed by a majority of speakers who followed.

A bylaw amendment opening regular council meetings to public input, proposed by Coun. Colin Plant, also had its final reading at the meeting.

asmart@timescolonist.com