Administrative Procedure 322: Electronic Monitoring

Related References

 

Administrative Procedure (AP) 140: Technology - Responsible Use and Security; AP 194 Privacy Breach Protocol; AP 320 Responsible Use of the Internet and Electronic Devices by Students; AP 351 Code of Conduct; AP 352 Progressive Discipline; AP 350 Bullying Prevention and Intervention; AP 353 Student Suspension; AP 354 Student Expulsion; AP 356 Substance Abuse by Students; AP 357 Violence Risk Threat Assessment Protocol; AP 404 Violence Prevention in the Workplace; AP 405 Allegations Against Employees and Volunteers; AP 440 Employee Conflicts of Interest; Guidelines for Email Management; Guidelines for Google Drive; Guidelines for Encrypting; Form 140A Letter to Employees; Form 140B Letter to Students and Parents/Guardians; Bill 88, Working for Workers Act (Amendment), 2022; Employment Standards Act, 2000; Municipal Freedom of Information and Protection of Privacy Act, R.S.O. 1990, c. M.56; Personal Health Information Protection Act, 2004, S.O. 2004, c. 3, Sched. A
The Employment Standards Act, 2000 (ESA) requires employers with 25 or more employees to have a written policy on electronic monitoring of employees.

a) Protect staff, students, and technology from harm
b) Keep our facilities and property safe and secure
c) Protect electronic resources from unauthorized access
d) Protect against loss, theft, or vandalism

2.0 Routine Monitoring
The Board routinely monitors electronic systems. The Board may monitor and access any files, documents, electronic communications, and use of the internet at any time to ensure the integrity of our electronic systems.

3.0 Active/OnDemand Monitoring
The Board may access data collected through our technology systems (Board provided technology or personal devices when using Board credentials) including but not limited to the following situations (approvals required indicated in parentheses):

a) To comply with legislative disclosure or access requirements under MFIPPA (Municipal Freedom of Information and Protection of Privacy Act) and PHIPA (Personal Health Information Protection Act) or to assist with the investigation and resolution of a Privacy Breach. (Requested by Enrolment and Information Manager; Approved by the Director of Education; Monitoring/Data collection managed by Administrator of Information Technology);

b) To complete regular maintenance of the Board owned electronic information systems (Requested by authorized IT Staff and Approved by Administrator of Information Technology);

c) When the Board has a business-related need to access the employee’s Board provided device. For example, when the employee is absent from work or otherwise unavailable (Requested by Supervisor; Approved by Administrator of Information Technology);

d) In order to comply with obligations to disclose relevant information in the course of a legal matter (Requested by the Human Resource Services Management or Supervisory Officer; Approved by the Director of Education; Monitoring/Data collection managed by Administrator of Information Technology);

e) When the Board has reason to believe that there has been a violation of the Code of Conduct, Board Policy, Board Procedure, or is undertaking an administrative, legal, or disciplinary investigation (Requested by the Human Resource Services Management or Supervisory Officer; Approved by the Director of Education; Monitoring/Data collection managed by Administrator of Information Technology)

4.1 The Director of Education is responsible for:
• Ensuring the implementation of and compliance with this Administrative Procedure, including the designation of required resources.
• Provide written approval for OnDemand Monitoring

4.2 Human Resource Services is responsible for:
• Ensuring all new employees are advised of and provided access to this Administrative Procedure and current employees are required to review it annually through the Safe Schools system.

4.3 Superintendents, Principals, Vice Principals, Managers and Supervisors are responsible for:
• Having an understanding of this Administrative Procedure.
• Ensuring all monitoring is aligned with this Administrative Procedure

4.4 All Staff are responsible for:
• Having an understanding of this Administrative Procedure.
• Reviewing this Administrative Procedure annually.

Electronic Monitoring: Review of the data or output of technologies deployed on corporate networks, devices, as well as work tools with embedded sensors.

Routine Monitoring: Electronic monitoring in which critical business systems are routinely checked against quality control rules to make sure they are always of high quality and meet established standards.

OnDemand Monitoring: Electronic monitoring in which critical business systems and/or logs for those systems are accessed due to a legitimate business requirement.

 

September, 2022