CAUT | ACPPU
Canadian Association of University Teachers
Services
Model Clause on Computer Network, Internet and E-mail Use
1Use of Systems
The employer shall provide each member with a user account, including email, which shall be available for the member’s exclusive use without restriction.1
2
Privacy of Content
2.1
The institution acknowledges that all personal and professional communications, documents, files and records contained, communicated or transferred on or through the institution computer system, network or e-mail accounts shall remain in the custody and control of the member.
2.2
The employer shall ensure members’ privacy regarding all computer communications and stored documents, files and records.
3
Access
3.1
Member accounts may be accessed only by the network administrator or a designated staff person working under the direct supervision of the network administrator. The association shall be provided with the names of all staff persons so designated.
3.2
The institution’s network administrator or a designated staff person shall only access a member’s user file on the network without the member’s permission in the following circumstances:
(a) when immediate action is necessary to protect the integrity of the computer network,
(b) when subject to a search by law enforcement agencies acting under the order of a court of appropriate jurisdiction,
(c) when, during the extended absence of the member, for example during a sabbatical or other extended leave, where lack of such information would constitute undo hardship to the institution.
In all cases the institution shall inform the member and the association prior to accessing individual user accounts. If prior notice to the member proves impossible the institution shall immediately notify the association and continue its efforts to notify the member in a timely fashion.
3.3
Each time the institution network administrator accesses a member’s user file it shall be recorded in a log maintained for this purpose. The log shall record who accessed the member’s user file, when the file was accessed and the purpose for the access. Members have a right to view all log entries dealing with their member account.
Approved by the CAUT Council, November 2011.
Endnote
1. Ensure that the agreement applies to CAS members in the bargaining unit from the date they accept their appointment rather than the effective date of the contract and continues for the greater of: (1) 3 months following the conclusion of the contract or (2) the duration of their seniority entitlement.
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