Ontario's Information and Privacy Commissioner recently ruled that an
employee's personal email about the employee's volunteer activities is
considered to be in the custody and control of the institution if it
resides on the institution's servers, and is therefore subject to access
to information legislation, even if it has nothing to do with the business
of the institution. In this particular instance which concerns a
municipality, the city's computer policy permits its employees to use the
email system for such activities. Further, under its records retention
schedule, such records are considered transitory.
I find this ruling quite disturbing, so I'd like to know if this issue has
come up in other jurisdictions and how it been resolved. Thanks.
The order can be found here:
http://www.ipc.on.ca/images/Findings/MO-2408.pdf
Carolyn Heald | Director, Records and Information Management | Information
and Privacy Office | York University | 4700 Keele Street, N945 Ross |
Toronto, ON M3J 1P3 | 416 736-2100, ext 20398
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