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Finding The Decision to install Employee monitoring software was made within
the proper authority of the District CAO.
2.
3.
Finding The facts are not in dispute that there was very little discussion about
the decision to go ahead with the forensic auditing software. It is likely that
greater discussion may have avoided some unforeseen errors.
4.
Finding I share a conclusion found by the OIPC Report that there was a level of
Information & Privacy awareness lacking in the culture of the District.
5.
Finding Given the short turnaround time to secure software, the IT staff
completed the task professionally and were able to meet the forensic audit
objectives.
6.
Finding There is not sufficient evidence to make a conclusive finding whether the
Network Access Form was given to the Mayor or not.
Finding As pointed out by the OIPC, it was an oversight to not notify the Mayor
and employees of the type of monitoring software being installed; this was
consistent with the Districts reliance upon an outdated policy that set out a
different understanding than the OIPC. The error was common to the CAO and
Directors.
Finding Pursuant to the OIPC, the Commissioner found that when an employee
raised some privacy concerns the District relied upon an outdated policy to allow
the software installation. That authority came from the CAO.
Finding The release from the OIPC infers that there exists some ambiguity in
the Districts January 14, 2015 press release but I am not aware of any evidence
that lead me to a finding that it was a deliberate attempt to mislead
7.
8.
9.
Finding The evidence supports the management claim that the incoming Mayor
was granted the same network access privileges and his computer was configured
the same as the outgoing Mayor.
11. Finding I find that on the balance of probabilities, and considering all of the
circumstance, the evidence does not support a claim that the Mayors computer
was targeted.
10.