Saanich Mayor's Spying Claim to Be Investigated

B.C.’s Privacy Commissioner has decided to investigate claims that the District of Saanich mayor had his employee computer monitored with spyware.

Privacy Commissioner Elizabeth Denham has initiated an investigation into the District of Saanich’s use of monitoring software to track employee activity on its computer systems. The allegations were first made when the Mayor, Richard Atwell said that the municipality used software to spy on him.

As a result of the allegations the Saanich Police Board has requested that the Mayor to step aside as Chair until the board received advice from the Minister of Justice. The Mayor said he has sent letters to the BC Office of the Police Complaint Commissioner regarding the allegations.

"Today the Saanich Police Board informed Mayor Richard Atwell that they would be requesting the Honourable Suzanne Anton, Minister of Justice, to have her Ministry conduct an investigation into recent activities by Mayor Atwell that the Board believes puts its members in an untenable position,” said the Saanich Police in a release. “The appointed members of the Board, and staff of the Saanich Police Department, will not comment further until they receive direction from the Minister."

Minister Anton says her office will not investigate the claims because it is the Saanich Police Board’s role to investigate such claims.

“It’s their role to think about governance and how they run themselves as a board,” explains Anton. “Obviously I’m keeping an eye on it and at the moment it is really up to them to manage internal affairs as they see fit and they receive legal advice.”

Both police and District colleagues deny the spying allegations but Atwell says he has been the victim of harassment by police. He also admitted he lied about having an extramarital affair with one of his campaign volunteers.

On Tuesday, Denham issued the following statement:

“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,” said Denham. “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. “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.”

The Commissioner will make the findings public once the investigation is completed, which is expected by the end of March.

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