Regents Will Consider Privacy (in Public)

We noted in an earlier post that a preliminary agenda for the Regents' meeting next week had been posted.  The more detailed attachments for the meeting have now been posted.  One topic to be taken up is UC policy on "privacy."  At this point, however, it is all processes to set a policy rather than the policy itself.  According to the agenda item, UCLA Chief Privacy Officer Kent Wada is involved.  (Did you know we had a Chief Privacy Officer?  See http://kentatucla.files.wordpress.com/2012/10/uclacpo-ddmemo1.pdf.)

The agenda item can be found at http://regents.universityofcalifornia.edu/regmeet/jul13/a3.pdf

It's harder to keep things secret nowadays than it was back in the day:

Harvard Was Shocked and Appalled that Emails Weren't Private: Now Comes the Aftershock

In an earlier post, we noted a brouhaha at Harvard in which a dean authorized a search of other deans' emails to determine if any of them had leaked some information about a cheating scandal. Faculty at Harvard were shocked and appalled that such a search could occur. We noted that at public universities, emails you may think of as private really aren't.  Apparently even at private institutions, the same cautionary note applies, although for other reasons.

Even if you use a private email account such as gmail to send messages to recipients at UCLA or any public university, the messages become part of the public record.  Our earlier post on the Harvard affair is at http://uclafacultyassociation.blogspot.com/2013/03/harvard-is-shocked-and-appalled-that.html

Why mention this episode again? Inside Higher Ed today carries a note that the administrator who authorized the search is stepping down and returning to teaching, an event some see as related to the search.  See http://www.insidehighered.com/quicktakes/2013/05/29/harvard-deans-departure-spurs-talk-e-mail-dispute.

Your collapsing privacy rights...

Prior posts on this blog have noted that public universities such as UC are subject to public records requests under state law.  Such requests can include emails you have sent or received.

Some faculty members may be under the impression that if they use personal accounts (such as gmail, etc.) or a home computer, their emails are not subject to such requests.  Note, however, that emails sent from personal accounts to public ones would clearly be subject to public records requests.  Moreover, a recent court decision suggests that emails sent from personal (non-public) accounts can be requested as long as they pertain to a public function.  So an email that related to a university matter would not be exempt from a public records request.

Note that private universities such as, say, Stanford are not subject to such requests.

From the Mercury-News:

A Santa Clara County judge has ruled that San Jose must provide city officials' private text messages, emails or other electronic communications about city affairs in response to an activist's request, a potentially far-reaching decision that could settle a growing dispute over what open-government advocates say has become a glaring loophole in the state's public records law...

City Attorney Rick Doyle could not say whether the city will appeal because he hasn't discussed the decision with the City Council. But he agreed that its potential would be broad, arguing it could be troubling on both practical and privacy grounds...

Full story at http://www.contracostatimes.com/breaking-news/ci_22827582/judge-orders-san-jose-disclose-officialsmessages-private-devices

Harvard is Shocked and Appalled that Emails Aren't Private

We have noted that at public universities such as UC, emails you may consider private might be demanded as part of a public documents request.  At private universities, of course, those external rights of the public to see such material doesn't exist.  However, in this day and age, nothing online can be assumed to be private.  Recently, Harvard faculty and deans were shocked and appalled to find out that the powers-that-be in the administration were snooping in deans' emails to find a leak: 

From the Boston Globe: Harvard College issued a partial apology and a lengthy statement this morning offering its explanation to the search of resident deans’ e-mails as part of a leak investigation. In its statement, Harvard said the e-mail search was prompted by an investigation into a leaked e-mail and other information that described an Administrative Board case involving the university’s cheating scandal that became public last fall...

“I was shocked and dismayed,” said the law professor Charles J. Ogletree... “I hope that it means the faculty will now have something to say about the fact that these things like this can happen.” ...

Full story at
http://www.boston.com/yourcampus/news/harvard/2013/03/harvard_issues_apology_and_explanation_of_its_search_of_resident_deans_emails.html

ee more at: http://www.boston.com/yourcampus/news/harvard/2013/03/harvard_issues_apology_and_explanation_of_its_search_of_resident_deans_emails.html#sthash.t6Ah2k8O.dpuf

Your records are more public than you think

Almost two years ago, we noted that public records requests can be used to harass faculty doing research someone doesn't like.  If you were at Stanford or USC, your records would be more protected than at UCLA because those institutions are private.  Emails, data sets, etc., are potentially at risk.  Our earlier post is at:
http://uclafacultyassociation.blogspot.com/2011/04/u-of-wisconsin-email-case.html

Yesterday, the Daily Bruin carried a story about an Academic Senate task force formed in late 2011 which is looking into this question at UCLA.  Apparently, the task force is going to release a final report soon.  You can find the story at:

http://dailybruin.com/2013/02/28/task-force-tackles-concerns-on-public-records-requests/

In the meantime, keep in mind that few communications and records are truly private.