Victoria University staffer claims uni breached his privacy by viewing personal files
A Victoria University employee who was fired after more than 100 illicit photos were found on his work computer has claimed the university had no right to search his private files.
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A former Victoria University staffer sacked for keeping illicit photos on his work computer says the university had no right to snoop through his files.
Ilya Kerig worked as a loans officer in the media department of the uni for nearly nine years but was stood down after an investigation found he had been keeping photos, videos and games on the university’s computer.
During the probe, 120 images and one video containing “offensive and inappropriate content”, including of a sexual nature, were found on the university-issued iMac.
Mr Kerig said the photos of a couple engaged in a sexual act were of himself and his ex-girlfriend and the video of a woman performing sexualised movements on the beach while scantily clad was of a friend of his.
The investigation was sparked after another employee, who was filling in while Mr Kerig was on leave, found the computer had been reconfigured so others couldn’t access it.
The new set up did not include the security components required by the university.
But Mr Kerig launched legal action against the university, claiming they had breached privacy laws by collecting and storing his private information stored on the computer, which also included images of his passport, medical information, birth certificate and banking details.
Mr Kerig told the Victorian Civil and Administrative Tribunal the university had failed to protect his personal information from misuse when it collected it.
He said the university had no authority to “scour his personal files” as part of an investigation into system configuration issues.
“I am very distressed that my personal and sensitive information was collected by VU and used in disciplinary action that led to my employment being terminated,” he told the tribunal.
He said the university had also failed to inform him about what personal data they had collected.
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The university contended it was necessary to collect the data while investigating alleged policy breaches by a staff member.
VCAT senior member Susan Burdon-Smith dismissed Mr Kerig’s claims, saying Victoria University had acted within its powers during its investigation.
“I accept … that it was necessary for the university to ascertain what was contained on the computer to ensure that the computer and its authorised operator were complying with university policies and contracts,” she said.
Further, she said it was “not unreasonable” for the university to go through Mr Kerig's files.
“The university was investigating an information technology breach which was also a potential disciplinary breach. Whilst I accept that this was unpleasant, unexpected and humiliating for the complainant, it was not unreasonably intrusive.” she said.