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


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

Read more ›

October 6, 2016 0 comments News
Privacy by Blue Coat Photos (CC BY-SA 2.0) https://flic.kr/p/inZFbz

Lawful Access is Back: How the Government Quietly Revived Canada’s Most Controversial Privacy Issue

The controversial issue of lawful access rules, which address questions of police use of Internet subscriber information and interception capabilities at Canadian telecom companies, has long been played down by Canadian governments. When policy proposals first emerged in the early 2000s, the Liberal government focused on the anti-terrorism and anti-spam benefits. Subsequent Conservative proposals promoted the ability to combat child pornography, and most recently, cyber-bullying.

Yet when the Conservatives passed lawful access legislation in late 2014, it seemed that more than a decade of debate had delivered a typical Canadian compromise. The new legislation eliminated liability concerns for Internet providers who voluntarily disclose basic subscriber information and created a series of new police powers to require preservation and access to digital data.

Notwithstanding the legislative resolution and renewed legal certainty, my new tech law column at the Globe and Mail notes that Public Safety Minister Ralph Goodale has quietly revived the lawful access debate with a public consultation that raises the prospect of new rules that would effectively scrap the 2014 compromise. Ironically, the focus this time is the public demand for amendments to Bill C-51, the Conservatives’ anti-terrorism law that sparked widespread criticism and calls for reform during last year’s election campaign.

In other words, the Canadian privacy balance is being placed at risk by a policy initiative that purports to fix privacy. Read the full column here.

Read more ›

October 5, 2016 4 comments Columns
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.

Read more ›

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.

Read more ›

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.

Read more ›

June 14, 2016 4 comments Columns