Privacy and the Computer Technician

Over the past few years a number of reports of “criminals”, usually alleged paedophiles, have been caught because “illegal” photographs and/or videos were found on their computer. A computer technician, while working on the computer “found” the files and then reported this to the appropriate authorities. It is somewhat disturbing that none of the various news items on this particular topic have ever recognized, or even raised the possibility of, the serious and dangerous breach of privacy and ethics which has occurred. It is as if the reports are designed to lead the public to accept such breaches due to the overriding “good” that results.

I do NOT believe that any criminal, especially those preying upon the innocent and defenceless members of society, should be permitted or allowed to engage in any illegal behaviour. Having said that, I fully expect to receive emails and other communications disparaging my opinions as offered in this article.

As citizens of our nation, we expect and demand the police and justice system take necessary actions to protect us against any number of different criminal acts and threats. A fundamental component of our justice system demands the police, and others within the justice system, adhere to an extremely high set of standards. This is necessary to ensure justice is served. Preventing innocent people finding themselves wrongly accused, and sometimes convicted, of criminal behaviour they did not commit. As a society, we do not condone vigilantism. The police and the justice system is tasked with the job of ensuring justice is served. I am among the first to admit their job is not an easy one. I fully support the legal actions of police and our justice system.

Why the concern about alleged illegal video and photographic files found on a computer? My concern is not so much what was found, more, how it was found and then dealt with, including media coverage. I have been a computer consultant and technician for more than a quarter century. How I conduct myself when working on a computer on behalf of a client is a serious matter of personal integrity and ethics.

In my professional capacity I am frequently engaged to assist clients in “fixing” their computers. The computer is not working in the manner expected. This usually means correcting problems within the operating system, application software or the hardware. It does not mean snooping around a client’s private data files to see what might be of interest. Whatever data files exist on a client computer is none of my business. Never opening and viewing client data files except when necessary to repair the client’s computer is a strict poilicy. Even then, only after having sought and obtained permission from the client, do I open the specific data file necessary to complete repairs. Rarely is it necessary for me to seek permission to open or view any client data files. Extremely rare.

Unless illegal documents, photographs or videos are in plain view, such as open on the computer desktop, a search warrant is required to look for them. This is a sensible requirement we place on police. Police are not permitted to go on “fishing expeditions” without reasonable cause.

A private citizen, not a member of a police organization, does not have such a requirement. A private citizen is also not permitted or expected to act in an investigative capacity, a significant detail ignored by too many apparently. The only exception being, that each of us has an obligation to report illegal actions or information we become aware of to the appropriate authorities. If I see a photograph of child abuse on the desktop of a client’s computer, I must report that to the authorities. I have no right, obligation or duty, to snoop around a computer looking for “interesting stuff”.

You think “I don’t have any perverted pictures or videos on my computer, what does this matter to me?” True, the vast majority of people do not have illegal pictures, videos or documents on their computers. However…. what about pictures, video or other information on your computer which is of a personal and private nature? Likely, yes, such files do exist on your computer. How would you feel if someone you don’t know was indiscriminately viewing these files, or worse, making them available to the public? What if they became available to someone actively looking to embarrass you? What if such information was made available to individuals or groups desiring to damage your reputation or standing in the community?

Police are not allowed to invite themselves into your home or office to search for “interesting stuff” on your computer. If the police asked you to allow them to look in your computer, “just because”, what would your reaction be?

Not as simple an issue as initially thought, is it?

What can you do to protect your privacy? I admit, not as simple an issue as you would think.

Some suggestions:

• Ask to see the policy of the company, and technician, working on your computer regarding the privacy of the data on your system. If their policies do not meet your expectations, or they don’t have any policies, consider not retaining this firm or individual.

• Whenever possible, remove sensitive data from a computer before sending it for repairs.

• When feasible, watch the technician as they work on your computer to ensure nothing improper is being done.

• Demand any access to your data requires your permission before it is accessed, giving you the opportunity to decline if necessary.

• Demand a satisfactory explanation why it is necessary to access any particular data file(s).

• Trust your gut. If you don’t feel comfortable with an individual working on your computer, find someone else.