Intelectual property takeover and third party privacy issue.

Discussion in 'privacy general' started by fplant, Sep 7, 2014.

  1. fplant

    fplant Registered Member

    Joined:
    Jun 24, 2012
    Posts:
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    Location:
    Canada

    Hi, hope this is not overly off topic, but looking for opinions on what people think of this text from a document a student relative was asked to agree to, to be able to access the computer network at her school (a public institution located in Ontario, Canada). It's also the same document for staff, workers and volunteers who use the district's technology. "District technology resources and all data stored on District technology are owned and may be accessed by the District. The District collects data to assist in monitoring the health of technology. Data stored on District technology may be reviewed, monitored and accessed by the District as needed; in accordance with the Municipal Freedom of Information and Protection of Privacy Act; and/or without notice to the user where there are reasonable grounds to believe that the user breached any applicable policy or law and notification may frustrate the purpose of the search."
    (Technology
    refers to electronic content, data, communication, and equipment.)

    From my point of view I see these issues:
    1a)-that it seems to have a broad intellectual property takeover without compensation, as broad ownership of "all data" is claimed by the district in the first sentence.
    b)-This claim of ownership seems to not only to be over the users who have accepted this claim, but also to apply to intellectual property of third parties that are unaware of this agreement but whose intellectual property has been used by authorized users and stored as data by the district.
    c)-this claim of ownership also seems to apply to intellectual property and/or communications unknowing third parties if they contact or are contacted by any authorized users who are using district technology. This would include third party data if they are contacting or being contacted by authorized users, where the authorized users are using their own personal devices but those personal devices are connected to district networks (wired or wi-fi) and the data is traveling over the network.
    2-That there is a third party privacy issue as the first sentence states the data "may be accessed by the district", and there seems to be no limits placed on this access.
    3-That this is third party privacy issue is reinforced by sentence 3 which includes the statement "Data stored on District technology may be reviewed, monitored and accessed by the District as needed", though I find the full sentence less than clear due to its use of 2 semicolon's, so I may not be interpreting it correctly. If I am not interpreting this correctly I do not think it detracts from issue 2 above.

    Any opinions appreciated on my concerns or issues I have missed. I see this document as rather stinky and thinking that it should not be signed and that the institution should be asked to modify it for all users.

    Thanks!
     
  2. inka

    inka Registered Member

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    Oct 21, 2009
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    google search indicates this terribly-worded boilerplate text is widely used, especially among sites operated by "educational institution" entities.

    "and/or without notice to the user where there are reasonable grounds to believe that the user breached any applicable policy or law and notification may frustrate the purpose of the search"

    do'nt mind; thE grammar its; the speling and; punkshoeation whats' mostly ,more important

    go figure
     
  3. mirimir

    mirimir Registered Member

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    6,030
    If you want privacy, you must take it ;)
     
  4. fplant

    fplant Registered Member

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    Jun 24, 2012
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    Location:
    Canada
    From what an administrator told me, the wording comes down from upper levels of government. Explains why it is widespread. Discussed some of the issues with same administrator, resulting in the student being given access to the technology without signing release. District IT is to discuss matter, though it may take a while to sort things out as it will probably have to go up and down the food chain a number of times. Hopefully it will be sorted out in the end though.
     
  5. fplant

    fplant Registered Member

    Joined:
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    Location:
    Canada
    When reflecting on the matter later, I realized telemarketers provide better disclosure as to when they are recording you than educational institutions. Sad commentary on the state of education.
     
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