Beaver
Issue 839 | 10.11.15
the
Newspaper of the LSE Students’ Union
LSE Intercept Email Regarding Beaver Investigation Ellen Wilkie Executive Editor
DURING A BEAVER INVESTIGATION into serious allegations of wrongdoing within the school an email to the Executive Editor of The Beaver that a student reporter was copied into was intercepted by the LSE. The school intercepted the reporter’s personal LSE email address and in doing so gained access to an email sent to the Executive Editor of The Beaver. This undermines the privacy of students and the journalistic freedom of the student newspaper. The email in question was sent from a nonLSE email address to the Executive Editor of The Beaver and the Beaver reporter’s LSE address by a key source in the investigation. The email was clearly marked in its subject line as being ‘Confidential’. It became apparent that the email had been intercepted when the sender received an Out Of Office response from the LSE’s legal team. The legal team were not marked to be recipients of the original email but had been forwarded the email through an interception of the Beaver Reporter’s ‘@lse.ac.uk’ address. It became clear that the email had been intercepted due to a careless accident within the legal department of the LSE. It is not clear how many of the student’s emails had been intercepted prior to this incident. The LSE Conditions of Use of IT facilities include some terms on the interception of student emails. Article 7 states that ‘You must not use the IT Facilities in any way that could expose you or the School to any criminal or civil liability.’ The school ‘reserves the right to monitor your use of the IT Facilities, including emails sent and received, and web pages and other online content accessed’ in certain cases, including ‘to assist in the investigation of breaches of these Conditions of Use’. Interception can only take place where a breach of the Conditions of Use is alleged, where ‘all reasonable measures’ will be taken to investigate whether that allegation is justified, as is stated in article 17. These ‘reasonable measures’ include inspecting users files and email messages. To inspect a students files and emails, the inspection has to be authorised by the Dean of Undergraduate Studies, the Dean of Graduate Studies or the School Secretary. The Regulation of Investigatory Powers Act 2000 (RIPA) regulates the powers of public bodies to carry out surveillance and investigation. It covers the interception and use of communications data and can be invoked, in light of Article 8 of the Human Rights Act 1998, in the cases of
national security, and for the purposes of detecting crime, preventing disorder, public safety and protecting public health The email in question contained confidential information relevant to an ongoing legal case. Whilst the contents of the email could be regarded as risking civil liability for breach of confidence, it would be the sender of the email who was implicated here and not the student whose email was intercepted. The issues discussed in the email do not conform to the RIPA requirements for email interception. The Beaver has no evidence of whether the requirements outlined in article 17 have been followed through to allow the interception of student emails. By intercepting students emails the school are undermining the privacy of their students and by reading the emails of the Executive Editor of The Beaver are compromising the freedom of the press. Whilst the school’s IT policy does appear to allow for email interception in this case, The Beaver would question why it is the case that students emails can be intercepted when the student themself has not breached the Conditions of Use. Nona Buckley-Irvine, General Secretary of LSESU stated that ‘There is a clear lack of clarity about the criteria which the School uses to decide when and how it intercepts emails. Given this, it seems hard to justify how they can be intercepting a student’s request for information and they should now be looking at acting more transparently in how IT is used, if we are to avoid a total accountability deficit in our School’. Following the Inclusivity Report published in the last academic year which gave the LSE new powers of email surveillance, The Beaver published our research into the legality of the proposals. Whilst the findings were that the proposals were legal, due to the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 act, there was considerable and contradictory policy on email A contingent of LSE Students march for Free Education on the #grantsnotdebt protest. surveillance from UK legislation with the Regulation of Investigatory Powers Act 2000 and Article 8 of the European Human Rights Convention. At the time of that investigation, a spokesperson from the LSE commented that ‘In general, email monitoring of a member of staff or student is exceptionally rare. It is only used following a specific request – for example, when there is suspicion of serious misconduct.’ The school was contacted for comment on a number of points relating to the investigation being undertaken, including this case of email interception of a student reporter’s email. The Find Out Why On Page 8 response sent by the LSE did not mention the interception.
More on Free Education in Comment this week: “So far this year, there has only been one UGM, attended by approximately 30 people, held in a busy café, to debate (you guessed it) free education. This is an utter farce for a number of reasons...”
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