Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

Five Data Privacy Principles from Mozilla (Put on a museum wall) 2014 by Ann Wuyts (CC BY 2.0) https://flic.kr/p/pVKYKn

Do You Consent? Four Ways to Strengthen Digital Privacy

Privacy laws around the world may differ on certain issues, but all share a key principle: the collection, use and disclosure of personal information requires user consent. The challenge in a digital world where data is continuously collected and can be used in a myriad of previously unimaginable ways is how to ensure that the consent model still achieves the objective of giving the public effective control over their personal information.

The Office of the Privacy Commissioner of Canada released a discussion paper earlier this year that opened the door to rethinking how Canadian law addresses consent. The paper suggests several solutions that could enhance consent (greater transparency in privacy policies, technology-specific protections), but also raises the possibility of de-emphasizing consent in favour of removing personally identifiable information or establishing “no-go” zones that would regulate certain uses of information without relying on consent.

My weekly technology law column (Toronto Star version, homepage version) notes that the deadline for submitting comments concludes this week and it is expected that many businesses will call for significant reforms to the current consent model, arguing that it is too onerous and that it does not serve the needs of users or businesses. Instead, they may call for a shift toward codes of practice that reflect specific industry standards alongside basic privacy rules that create limited restrictions on uses of personal information.

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August 2, 2016 4 comments Columns
Pokémon Go da más dinero a Apple y Pokemon Company que a Nintendo by iphonedigital https://flic.kr/p/K6BMPH (CC BY-SA 2.0)

Pokémon Go Craze Brings New “Augmented Reality” Legal Issues Into Light

Unless you’ve been offline or focused on a distorted national anthem rendition for the past week, you know that Pokémon Go has taken the world by storm with millions of people wandering around searching for virtual Pokémon characters. The game was officially released in Canada on the weekend – it started first in the U.S., Australia, and New Zealand – with millions of people already playing it.

My weekly technology law column (Toronto Star version, homepage version) notes that Pokémon Go provides a first peek at the potential of widespread use of “augmented reality”, which combines real space places such as parks or buildings with virtual characters or objects that appear on a computer or smartphone. In this case, the app uses GPS on smartphones to identify players’ physical location with the goal of collecting and training virtual Pokémon characters located there.

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July 18, 2016 4 comments Columns
Reviewing the Policy Suggestions by Mike Gifford (CC BY-NC 2.0) https://flic.kr/p/GMZF62

Canada’s Surveillance Crisis Now Hiding In Plain Sight

Three years ago this month, Edward Snowden shocked the world with a series of disclosures that revealed a myriad of U.S. government-backed surveillance programs. The Snowden revelations sparked a global debate over how to best strike the balance between privacy and security and led to demands for greater telecom transparency.

My weekly technology law column (Toronto Star version, homepage version) notes that the initial Canadian response to the surveillance debate was muted at best. Many Canadians assumed that the Snowden disclosures were largely about U.S. activities. That raised concerns about Canadian data being caught within the U.S. surveillance dragnet, but it did not necessarily implicate the Canadian government in the activities.

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June 14, 2016 4 comments Columns
Bell by Mike Schaffner (CC BY-NC-ND 2.0) https://flic.kr/p/g4EcLg

Why the Privacy Commissioner Doesn’t Need Legal Reforms To Require Transparency Reports

Privacy Commissioner of Canada Daniel Therrien was in the news this week as he expressed concern with the evasiveness of Canada’s spy agencies and the ongoing refusal of some of Canada’s telecom companies (namely Bell) to issue transparency reports. I’ll have more to say about privacy and government agencies in my technology law column next week, but on the issue of telecom transparency reports, I believe that Therrien already has the necessary legal mandate to act now. Therrien urged all telecom companies to release transparency reports, noting:

“I think Canadians are telling us, first of all, that they would much prefer that data be shared from telcos to government only with a warrant, with a court authorization. But when that does not happen, Canadians expect that there be transparency…frankly, if there’s not more progress I will continue to call for legislation on this issue.”

I wrote about why Canada’s telecom transparency reporting still falls short late last month, emphasizing that a non-binding approach to transparency reporting has been a failure.

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June 10, 2016 4 comments News
Transparency by HonestReporting (CC BY-SA 2.0) https://flic.kr/p/owfMYY

Why Telecom Transparency Reporting in Canada Still Falls Short

Canadian telecom company privacy practices were back in the spotlight this month with the release of a transparency report from Rogers Communications. The report provides new insights into how much – or how little – Canadians know about when their personal information is disclosed to government agencies.

For Rogers customers, the good news is that recent changes in the law, including court decisions that set limits on the disclosure of mass data from cellphone towers and that protect Internet subscriber information – are having a significant effect. Law enforcement agencies are still able to obtain data on hundreds of thousands of people, but warrantless access to basic subscriber information has stopped.

My weekly technology law column (Toronto Star version, homepage version) notes that the latest Rogers report is the first from the company since the release in 2015 of telecom transparency guidelines that garnered support from the federal privacy commissioner, Industry Canada, and the telecom sector. The guidelines attempt to provide a common framework for disclosure so that the public will be better able to compare privacy protections and policies among Canada’s major telecom companies.

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May 30, 2016 2 comments Columns