Post Tagged with: "privacy act"

170120-D-NA975-0695 by Airmen Magazine (CC BY-NC 2.0) https://flic.kr/p/RiAzEe

Trump’s Executive Order Eliminates Privacy Act Protections for Foreigners

President Donald Trump’s Executive Order on domestic safety, released yesterday, has enormous implications for the privacy of everyone living outside the United States. For Canadians, the order should raise significant concerns about government data shared with U.S. authorities as well as the collection of Canadian personal information by U.S. agencies. Given the close integration between U.S. and Canadian agencies – as well as the fact that Canadian Internet traffic frequently traverses into the U.S. – there are serious implications for Canadian privacy. Moreover, the order will raise major concerns in the European Union, creating the possibility of restrictions on data transfers as it seemingly kills the Privacy Shield compromise.

Section 14 of the Executive Order states:

Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections of the Privacy Act regarding personally identifiable information. 

The protection of Canadian information which ends up in U.S. hands has long been a source of concern. Professor Lisa Austin has written about “constitutional black holes” in which Canadian data is not protected by the Canadian Charter of Rights and Freedoms and the protection afforded to the data in the United States is at a lower standard than for its citizens and permanent residents.

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January 26, 2017 56 comments News
Access & Privacy Conference 2013 by forester401 (CC BY-NC-SA 2.0) https://flic.kr/p/eLS9xR

Canada’s Privacy Failure: My Appearance Before the Standing Committee on Access to Information, Privacy & Ethics

I appeared last week before the Standing Committee on Access to Information, Privacy & Ethics as part of the committee’s review of the Privacy Act. My opening remarks highlighted several longstanding concerns with the legislation and then turned to three broader issues: Bill C-51’s information sharing provisions, transparency reporting, and the revival of lawful access issues.

My full prepared opening remarks are posted below:

Appearance before the House of Commons Standing Committee on Access to Information, Privacy & Ethics, September 29, 2016

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October 6, 2016 3 comments News

Government Rejects Plans for Access to Info and Privacy Reform

Justice Minister Robert Nicholson has responded to a pair of committee reports recommending changes to the Access to Information Act and the Privacy Act.  He rejected both sets of recommendations.

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October 16, 2009 1 comment Must Reads

House of Commons Committee Releases Privacy Act Study

The Standing Committee on Access to Information, Privacy and Ethics has released its study on Privacy Act reform.  The Committee only accepted a handful of the "quick fix" recommendations from the Privacy Commissioner of Canada. The NDP supported them all.  I appeared before the committee as part of the study […]

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June 12, 2009 Comments are Disabled Must Reads

Privacy Commissioner Releases Privacy Act Report

The Privacy Commissioner of Canada has released her annual Privacy Act report, expressing concern about the protection of personal information in the passport application process.

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December 5, 2008 Comments are Disabled Must Reads