Digital Search & Seizure Guidelines

[Matt Strickland]

Hi all,

Does any school here have guidelines around digital search and seizure written into their ICT Use / Cybersafety guidelines? Willing to share with me any relevant sections?

Particularly what level of evidence is required to conduct a digital search and how it applies to personal BYOD.

Obviously keeping in touch with ministry guidelines:

Principle 4: "students are protected under Section 21 of the New Zealand Bill of Rights Act 1990, which states: "Everyone has the right to be secure against unreasonable search or seizure, whether of the person, property or correspondence or otherwise".

And that teachers and authorised staff cannot:

Search through the content of students’ digital devices or online accounts.
Ask for students’ passwords to access the digital devices on which the item is stored.

The balance of providing a safe environment and applying digital policy around revealing and surrendering strikes a fine line in my opinion.

(We are well aware of the ministry's "Digital technology: Safe and responsible use in schools" guide)

Matt

[Sue Way]

HI Matt,

We have these 3 clauses in our Cyber Agreement which covers school owned devices. 

"If there is a suspected breach of the use agreement involving privately-owned ICT on

the school site or at a school-related activity, the matter may be investigated by the

school. The school may request permission to audit that equipment/device(s) as part of

its investigation into the alleged incident."

"The school reserves the right to conduct an internal audit of its computer network, Internet

access facilities, computers and other school ICT equipment/devices, or commission an

independent audit. If deemed necessary, this audit will include any stored content, and all

aspects of its use, including email. An audit may include any laptops provided by or

subsidised by/through the school or provided /subsidised by the Ministry of Education."

"Please note that conducting an audit does not give any representative of Wellington Girls’

College the right to enter the home of school personnel, nor the right to seize or search any

ICT equipment/devices belonging to that person, except to the extent permitted by law."

Ngā mihi nui

Sue Way | IT Services Director (she, her)

Te Kāreti Kōtiro o te Whanganui-a-Tara | Wellington Girls' College