South West College told its staff last October that it was disabling access to emails for one hour so it could "investigate a potential data breach". But in reality, as revealed last week, its Chief Executive Celine McCartan had ordered a search of all college emails to see if anyone had been sending information about a dispute between management and the union to this newspaper.
Since last week's report, The University College Union (UCU) has said it is considering reporting South West College to The Information Commissioner and has reassured members that their employer has no entitlement to “snoop” around employees' inboxes.
In an email to Union members last Thursday following the revelations, Katharine Clarke, UCU said: “The work email system is the employer’s property. However, that does not entitle the employer to just snoop around your inbox and sent items whenever the fancy takes them. They must have a valid operational reason to do so.”
Describing the report as “alarming” in regards to what she claims is the “covert monitoring of staff”, Ms Clake said: “What is alarming about The Impartial Reporter article is that the monitoring of staff emails at SWC appears to have been done covertly with the objective of establishing who might be discussing UCU’s industrial action over pay and working conditions with the press.”
In an email shared with The Impartial Reporter by Ms. Clarke, it can be revealed that Ms. McCartan informed staff on Thursday morning that SWC investigated a “data breach” in October 2023, “following issues raised by staff members about personal information being provided to external parties.”
In a letter to staff, she stated: “It is with this obligation in mind that colleagues were notified, in advance, of an investigation of a potential data breach in October 2023. In line with our stated policy, this review looked at email logs, did not examine email content and a decision was made at the time to take no further action.”
Ms. Clarke described this ‘data breach’ as an attempt to “justify email monitoring”.
She called for clarification that the request by Ms. McCartan to an anonymous colleague “to do a search of staff to search of any email issued to The Impartial Reporter from college email addresses”.
In a letter to Ms. McCartan on Monday, June 24, Ms. Clarke asked that the Chief Executive explain why the college was monitoring email activity of staff, she said: “Please explain why you were monitoring emails of union members to the Impartial Reporter which undoubtedly concerned the industrial dispute?”
Ms. Clarke called for clarity as to what the college planned to do with the emails, she said: “Please specify what you intended to do with the information you were trying to gather?”
The UCU organiser also called for clarity on how UCU members corresponding with the Press constitutes a data breach, she said: “In the UCU’s view, which is a view supported by case law, this is clearly legitimate trade union activity, it does not concern the leaking of any confidential information, and it clearly satisfies the public interest test.
Concluding her letter, Ms. Clarke told Ms. McCartan the “damage done to trust” between staff and Ms. McCartan may now be “irreparable.”
She stated: “I must advise that aside from the range of potential legislative breaches that might arise from your instruction, the damage done to trust between you and the staff within your employ may now be irreparable. Certainly, a more plausible and convincing explanation is necessary if the UCU and its members are to have confidence in your leadership moving forward.”
South West College was contacted to comment.
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