District of Saanich Administration 770 Vernon Ave. Victoria BC VBX 2W7

April 2, 2015

Elizabeth Denham

t. 250-475-5555 f. 250-475-5440 saanich.ca

Information and Privacy Commissioner For BC PO Box 9038 Stn Prov. Govt Victoria, BC V8W 9A4

Dear Ms. Denham:

Re: Investigation Report F15-01

ADMINISTRATION

We acknowledge your thorough report concerning the use of employee monitoring software by the District of Saanich.

District staff have had the opportunity to review your findings and accept that while aspects of the Spector 360 software program meet the provisions of the Act, some of its elements were found to be overly intrusive. In addition to assisting the District, your findings will provide policy guidance for local governments to better understand their obligations with respect to IT security measures and the need to strike a balance between security and privacy.

District staff have already acted on your first two recommendations. The Spector 360 software was removed from all Saanich computers in January and with the conclusion of your investigation our staff has now destroyed the data that was collected. We will also be recommending that Council take action on the remaining three recommendations. Our policies and employee communication practices will be updated and appropriate controls will be implemented for IT administration access. Additional resources will be required to move forward on the final recommendation and we anticipate receiving Council's support in this regard. With additional resources, staff will be able to implement a more comprehensive privacy management program, building on our existing processes, education and training.

My purpose in writing to you is also to express our concern about how you have chosen to characterize the District in your March 30, 2015 media release and subsequent media interviews with respect to its overall privacy management program. You have made the following statement: "One of the most disappointing findings in my investigation is the District's near-complete lack of awareness and understanding of the privacy provisions of B.C.'s Freedom of Information and Protection of Privacy Act. The law has been in place for more than 20 years, yet the District appears to not understand its most basic privacy provisions."

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

We believe your conclusions are only accurate to the limited number of interviews conducted and the narrow scope of material reviewed for the Spector 360 software program investigation. Our view on this was provided in our letter to you dated March 28, 2015.

Had we known that you were planning to make a broad statement about our entire program, we would have recommended additional interviews and questioned why your staff declined an interview with our Director of Legislative Services. We could have provided your staff with more basic information such as the elements of our privacy management program, a copy of our information and privacy manual, or the content of our staff training. We would have been pleased to provide you examples of where staff has been or is working on privacy impact assessments, and how we ensure the security of the private information we collect from our employees and our citizens. Your statement has left many of our staff demoralized and our Council and citizens with questions about their level of confidence in the programs we deliver.

We looked forward to your guidance on the Spector 360 software program and we readily take responsibility for our actions. We recognize that due consideration to privacy issues may have been lacking in this instance, however, that does not mean that we have or are ignoring the legislation and our responsibilities under it. As is the case with every public body, we have limited resources and we don't get it right every time.

You have a position of influence and while your intent may have been to link your statement only to your limited-scope investigation, it has been interpreted in a much broader scope. I am hopeful you may be able to provide some comment on our perspective.

Sincerely,

c(!l!l ~ Andy Laidlaw Chief Administrative Officer

c. Mayor and Councillors

saanich.ca District of Saanich Page: 2 oi I

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m

sa

anich

news

.com

saan

ichne

ws.co

m sa

anich

news

.com

saan

ichne

ws.co

m