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

Closed due to the Corona-virus pandemic by Duncan C (CC BY-NC 2.0) https://flic.kr/p/2iGhk5x

How Canada Should Ensure Cellphone Tracking to Counter the Spread of Coronavirus Does Not Become the New Normal

With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable sources of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantine orders. My Globe and Mail op-ed notes the data culled from these sources may prove invaluable, but they raise exceptionally difficult challenges of balancing public health concerns with fundamental privacy rights.

Read more ›

March 24, 2020 7 comments Columns
Intel Free Press / CC BY-SA (https://creativecommons.org/licenses/by-sa/2.0) https://commons.wikimedia.org/wiki/File:Indoor_location_services_on_mobile_phone_(10928087126).jpg

The LawBytes Podcast, Episode 44: Michael Birnhack on Israel’s Use of Cellphone Tracking to Combat the Spread of Coronavirus

With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable source of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantining orders. Israel has implemented a system that involves the collection and use of cellphone location data to identify at-risk individuals, who may receive text messages warning that they need to self-quarantine. That system has been challenged at the Israeli Supreme Court, which last week rejected elements of the plan and established a requirement of Israeli parliament approval for the measures. Tel Aviv University law professor Michael Birnhack joins me on the podcast to discuss the details of the measures and the civil liberties and democratic concerns they raise, even at a time of global crisis.

Read more ›

March 23, 2020 2 comments Podcasts
VJR15560 by Collision Conference (CC BY 2.0) https://flic.kr/p/2fV85J3

Why the Coming Battle Over Canadian Privacy Reform Starts at Home

Canadian privacy law is now widely regarded as outdated and ill-equipped to address the emerging challenges that arise from the massive collection and use of personal information. Canada’s private sector privacy law was drafted in the 1990s, well before the advent of a data-driven economy and the need for reform has grown increasingly urgent as Canadian law falls behind comparable rules around the world.

Guided by Canada’s Digital Charter, a roadmap for reform released last spring, Minister of Innovation, Science and Industry Navdeep Bains has promised to lead on privacy reform. While many may expect opposition to tougher privacy rules to come from large Internet companies such as Facebook, my Globe and Mail op-ed notes that a recent report from the Business Council of Canada suggests that a bigger barrier may come from some of Canada’s largest companies, including big banks, airlines, retailers, insurance providers, and telecom giants.

Read more ›

March 18, 2020 1 comment Columns
22 NAFTA Style by Steven Taylor (CC BY-NC-ND 2.0) https://flic.kr/p/CSNKez

The LawBytes Podcast, Episode 42: What Does the Canada-US-Mexico Trade Agreement Mean for Digital Policy?

The ratification of the Canada – US- Mexico Trade Agreement has captured considerable attention with several committees studying Bill C-4, the bill aimed at ratifying the deal. Over the past month, I’ve had the opportunity to appear before two of those committees – the House of Commons Standing Committee on International Trade and on Industry, Science and Technology – where I discussed the digital law and policy implications the agreement. This week’s podcast features excerpts from those appearances, including my opening statement and the ensuing discussion with several MPs on copyright term extension, cultural policy, and privacy.

Read more ›

March 9, 2020 2 comments Podcasts
Yuya Ong demonstrating facial recognition technology by Penn State https://flic.kr/p/HiEvXB (CC BY-NC-ND 2.0)

The LawBytes Podcast, Episode 41: Nasma Ahmed With a Call for a Ban on Facial Recognition Technologies

Facial recognition technologies have attracted mounting attention in recent weeks led by a New York Times report on Clearview AI, soon followed by revelations of police use of the service in multiple Canadian cities. In fact, just after recording the interview for this podcast, there were revelations that the Clearview AI service has been used in Canada by an even wider array of police forces, retailers, insurance investigators, and others than previously imagined. In some instances, those organizations had denied using the service. There are now several privacy commissioner investigations into the situation.

To examine the concerns associated with facial recognition technologies and what we should do about it, I’m joined on the podcast this week by Nasma Ahmed, a technologist and community organizer that works within the intersections of social justice, technology and policy. She recently published an op-ed in the Globe and Mail with McGill’s Taylor Owen calling for a pause on the technology. Nasma is currently Director of the Digital Justice Lab, which is based in Toronto.

Read more ›

March 2, 2020 1 comment Podcasts