UBC seeks review of spyware order

The Vancouver Province reports that the University of British Columbia has asked the British Columbia Supreme Court to review the Information and Privacy Commissioner for British Columbia’s September 24th order that was made in response to its reasonable grounds investigation into employee time theft (my report here).

The Province says material filed in court by the University says the order “denies the university the ability to investigate misconduct.” Indeed, one of the issues raised by the order is the level of scrutiny that is appropriate to apply to how an investigation is conducted when there are clear grounds for conducting it. Those with an interest in security will claim that once there are grounds for an investigation, an investigator needs sufficient flexibility to conduct a thorough investigation even if it involves “fishing.” Although it may be explained by the context – perhaps the IPC is only saying something about the stakes at play in a time theft investigation – the IPC’s order conflicts with this view. Thanks to Michael Geist for posting on this.