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Potential Privacy Issues of Electronic W-2
Tax Forms Spark Faculty Senate Motion to UC President

Paul K. Mueller | March 12, 2007

The UC San Diego Faculty Senate ran well beyond schedule on Tuesday, as members voiced their concerns about potential third-party access to electronic W-2 forms. The language of a joint motion by Chair Harry Powell and Vice Chair Jim Posakony to UC President Bob Dynes—a list of four actions that the authors believe will obviate or remediate any potential disclosure of individual financial information—drew a host of editorial suggestions. The text of the motion was finally approved as the meeting passed the two-hour mark.

Steve Relyea, vice chancellor for business affairs, gave the faculty a brief overview of the issue: Since 2002, responding to requests from faculty and staff for electronic versions of W-2 forms (to aid in electronic filing), UCSD has provided this service, using a company named TALX as a go-between with tax-preparation programs. TALX has similar agreements with many companies, government agencies, and educational institutions, including the University of California and its campuses.

Each year, e-mailed notices remind employees of this arrangement, and give them the ability to “opt out” of the service if they don’t want their W-2 information shared with TALX. Since 2002, Relyea said, there have been no incidents of security breaches or ID theft with TALX, and the firm’s security and operations are regularly audited.

Sparking concern among UCSD administrators as well as faculty, however, is the announcement of the intended acquisition of TALX by Equifax, a major credit-reporting service. Other campuses, notably UC Davis, have voiced similar alarm about third-party access to confidential information.

Despite assurances provided to UCOP by both TALX and Equifax that no “data mining” or other breaches of confidentiality will occur, UCSD initiated discussions with UCOP to allow employees to have their data removed from the TALX database, and to change the system to an “opt in” model—currently, unless employees elect to “opt out” and so indicate, they’re automatically “in”— whether they really want to be or not.

The wording of yearly notices, some of the faculty suggested, has failed to make that clear.

The motion by Powell and Posakony suggests four steps that they and their faculty-senate colleagues would like UCOP to take to avoid third-party access to confidential financial information, and to remedy any breaches in the future. The specific language of the motion inspired a lengthy session of suggested revisions and amendments, but in the end, the original text was restored, and the motion was approved:

(1) That the faculty and staff of all 10 campuses be notified immediately and candidly of the facts of this situation. Such notification should include an explanation of why and by whom this action was taken.

(2) That the faculty and staff of all 10 campuses be given an extended period of time (until at least July 1, 2007) to “opt out” of the electronic W-2 system permanently.

(3) That the University of California retroactively indemnify all faculty and staff against any personal or financial damage caused by the transmittal of W-2 tax forms to a third party (e.g., through identity theft, improper disclosure, computer hacking, or other misuse or misdirection of the information), and immediately make whole any faculty or staff member who is so damaged.

(4) That the Office of the President immediately undertake the rapid development of an optional insurance benefit for all faculty and staff that would offer strong protection against identity theft.”

Prior to this protracted discussion, the senate attended to other business. Chancellor Fox updated the assembly on two key searches—the senior vice chancellor for academic affairs and the vice chancellor for student affairs—and welcomed faculty suggestions; and she discussed recent meetings with Ujima to address ongoing diversity initiatives. “I am particularly mindful,” she said, “that we must identify a diverse pool of candidates to lead the university in the years ahead.”

The Committee on Academic Personnel pointed members to a web site containing proposed revisions to its policy and procedure manual; the Graduate Council asked for, and got, approval for a change in dissertation committees for Ed.D. degrees (which brings the composition of those committees into line with other UC campuses); and the Senate Council presented the Report of the Senate Task Force on Faculty Service.

Such service, the report says, “has chronic problems, but not acute or fatal ones,” which, however, can be significantly diminished “if (a) service continues to be institutionally rewarded, (b) service is widely known to be institutionally rewarded, and (c) service is widely known to be personally as well as professionally rewarding.”

In short, said Stephen Cox, the task force’s chair, new faculty and others not yet serving must be made aware of the “knowledge, pleasure, and pride” associated with faculty service to the university, their colleges, and their departments.

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