THE PROVINCE • Wednesday, January 22, 2003

ICBC worker used database to spy on neighbours

Living in a condo on Canada's West Coast is often billed as the ultimate in convenience and privacy. But all too often it can turn into an all­too-public nightmare - not only because of leaky roofs, but because of bitter in-fight­ing between sometimes combative condo owners.

Just look at how a quarrel over the colour of the hallway carpet in a New Westmin­ster highrise has escalated into a probe of an ICBC employee who, according to ICBC, used the corporation's database to spy on at least a couple of his fellow condo dwellers.

It's a tiff that will likely wind up in a B.C. Supreme Court lawsuit - one which will undoubtedly raise public concerns about just how private and confidential is the information that you and I give, or are forced to give, to government.

Condo owner Ron Eves explains that the dispute arose last year with ICBC adjuster David McFee over McFee's role as presi­dent of the strata council of the 18-storey condo complex in which Eves has lived for the past eight years,.

Eves, 45, says that he and others in the complex were concerned that the new car­peting being Installed in the complex's hallway was the wrong colour (green instead of burgundy) - and that the contract for installing it had been improperly tendered.

"Spirited discussion was exchanged," noted Eves.

"It turned into an awkward situation where the strata council president used his position of employment at ICBC to gain access on people that were asking fair questions about accountability of the carpet expenditures."

Eves suspected that McFee, who works at an ICBC Burnaby claims office, had been using the Crown corporation's computer database to look up information about him. He fired off a freedom-of-information request to ICBC.

And last week, the corporation acknowledged by letter to Eves that "there was inappropriate/unauthorized access to your information on November 21, 2002, by an employee, David McFee."

ICBC apologized profusely for the "anxiety and distress this had evidently caused." This week, fellow condo owner Robert Pettigrew received by letter a similar apology from ICBC and confirmation that McFee had improperly accessed information about him last Oct. 8.

Pettigrew said the breach of his privacy made him feel violated: "You may as well have been raped."

McFee could not be reached for comment yesterday, either at his work or in the condo complex, called Vista Royale.

But ICBC, which has more than 5,000 workers (linked to 900 broker offices), said it fields about 10 complaints a year from customers about their privacy being breached by employees "inappropriately" accessing ICBC databases.

Spokesman Doug McClelland said that,in the past, employees have been fired for such privacy breaches. In any case, the minimum punishment would be a suspension for one or two days without pay.

McClelland couldn't say what action, in fact, was taken against McFee: "The only thing I can say about this particular case is that we have taken appropriate action, but I can't say what that is." For privacy reasons, don't you know.

Myself, I think the B.C. public's right to information about what is rightfully in the public domain appears to be as murky as its condo politics - and as disturbing.

In the meantime, Sylvia Dondera, resident manager at Vista Royale, says that the majority of the condo owners were in favour of the colour of the carpet - and the way the contract was tendered.

But, Eves and Pettigrew insist no vote was taken on the issue.

And Eves is proceeding with a lawsuit. "I'm going to go ahead with litigation against all parties involved," he vowed.

THE PROVINCE • Thursday, January 23, 2003

Spied-on condo owners want to pull the rug out from under ICBC policy

They're calling it Carpetgate. And the fur continues to fly - even though the ICBC adjuster at the centre of the continuing New Westminster condo spy scandal is now back on the job.

ICBC refuses to reveal how it has disciplined employee David McFee for using its database to dig for information about two neighbours in his condo complex (with whom he'd had a dispute over new hallway carpet).

But the lawyer for his two New West neighbours, Ron Eves and Robert Pettigrew, has confirmed they will sue the Crown corporation.

"We're proceeding against ICBC for breach of the Privacy Act and also we're probably going against the management group of the condo," lawyer Jim McNeney told me yesterday.

McNeney also urged ICBC to overhaul its computer system to prevent "rogue adjusters" from violating people's privacy - which, he noted, does not appear to be a rare occurrence.

ICBC, which has apologized profusely to Eves and Pettigrew, said it repeatedly warns its workers not to make unauthorized computer entries.

However, McNeney said the computer know-how exists to stop them from doing so altogether - and ICBC chooses not to use it.

McNeney suggested that ICBC require employees to seek written permission from people before they can access their personal files.

"I would like to see it so that it's impossible for any person not authorized by direct consent to have access to a claimant's - or any person's - personal data," he said.

ICBC spokesman Doug McClelland points out that at least 2,500 employees have access to the corporate databases (not including brokers who have access to part of them). "A lot of customers would be inconvenienced if some sort of letter of consent had to be signed before anybody could open someone's file," he said.

ICBC, meanwhile, has confirmed that four more residents of the 18-storey Vista Royale complex have asked the corporation to investigate whether McFee was spying on them.

One of them, clerical worker Caroline Horn, said ICBC should have fired McFee: "I would terminate him. He's proven that he's abused his position."

A second, paramedic Russ Forman, wanted McFee removed from his position as president of the complex's strata council. "I feel invaded, violated," he said

Like others in the complex; Forman is concerned McFee might have downloaded persanal information about fellow condo dwellers onto his home computer: If the guy has got enough gall to jeopardize his job to go in and access information on people, then what else is he going to do with it and who's he shared it with?"

McFee, who is believed to have been suspended for two days without pay from his Burnaby-based claims job, could not be reached for comment.

ICBC sued after worker accessed private files

By Frank Luba

Lower Mainland Reporter

The Insurance Corp. of B.C., one of its employees and the New Westminster condominium strata he headed are being sued by residents of the condo because he accessed their ICBC files.