B.C.’s information and privacy commissioner is launching an investigation into Saanich’s use of spyware on municipal computers, including that of Mayor Richard Atwell.
“My office has been closely following recent events in the District of Saanich, where allegations have been made that spyware is being used on district-owned computers to monitor employees with or without their consent,” Elizabeth Denham said in a statement Tuesday.
“In light of many outstanding questions and concerns, I have decided to act on my own motion and initiate an investigation into whether the district’s use of employee-monitoring software complies with the Freedom of Information and Protection of Privacy Act,” she said.
“We need the facts concerning implementation of the software, including what methods of data capture have been enabled and the extent to which personal information is being collected from employees.”
Denham has the power to compel disclosure of documents, interview government or company officials, make legal findings, and issue compliance orders or recommendations for change. The investigation is expected to be complete before the end of March and the findings will be made public.
Atwell could not be reached for comment on Tuesday.
The municipality has said that software called Spector 360, which can record every keystroke and monitor online activity, was installed in response to a May 2014 cyber-security review. The program was purchased Nov. 21, less than a week after the municipal election, and installed on a group of “key computers.” It was put on Atwell’s computer on Dec. 2, a day after he was sworn into office.
Denham said in a letter to the Times Colonist last week that employees have a reasonable expectation of privacy in the workplace, even when using a work computer. In 2007, her office investigated a B.C. university that installed keystroke monitoring software on an employee’s computer. The school was found to have violated privacy laws.
The B.C. government and the City of Victoria have said they do not use spyware to monitor employees’ computer activity.
Laura Ciarniello, Saanich’s director of corporate services, said last week that Atwell was given a form alerting him to the security software but the mayor didn’t sign it. He was given access to his computer anyway.
Atwell said the spyware was installed “without his knowledge or consent,” which he said could amount to a criminal offence, and he took his concerns to Saanich police on Dec. 15. Police Chief Bob Downie told councillors at an in-camera session Jan. 12 that an investigation found no criminal wrongdoing on the part of municipal staff.
Atwell is asking the B.C. Office of the Police Complaint Commissioner to look into whether Saanich police are in a conflict of interest for its work reviewing the legality of the spyware, since Downie’s wife, Jennifer, is an executive assistant in the mayor’s office and the spyware was also installed on her computer.
The Saanich mayor also has asked the Office of the Police Complaint Commissioner to look into allegations that Saanich police leaked details of a Dec. 11 domestic dispute between him and the fiancé of a woman with whom Atwell admitted to having an affair.
