The British Columbia Civil Liberties Association has filed a lawsuit against the Communications Security Establishment Canada over its surveillance practices, which it argues are unconstitutional. Statement of claim is here, press release here, and media coverage here.
Latest Posts
The Great Canadian Personal Data Grab Continues: Bell Expands Its Consumer Monitoring and Profiling
Last week, I wrote about the Great Canadian personal data grab, focusing on the expansive data collection habits of RBC (with its Android app) and Aeroplan (with its collection of all credit card transaction data). Now comes news that Bell is getting into the personal data grab game with an updated privacy policy that takes effect in mid-November. The new Bell “privacy” policy expands the uses of the information the company collects by focusing on ways to use data on network usage. The current policy makes no reference to network usage data, but the company now wants to use a wide range of personal data collected from Internet and mobile phone usage.
Bell identifies the following data for expanded usage:
- Web pages visited from your mobile device or your Internet access at home.
 This may include search terms that have been used.
- Location
- App and device feature usage
- TV viewing
- Calling patterns
Bell will also begin to use account data such as which products you use, device types, payment patterns, language preferences, gender, and age.
The scope of Bell’s intended personal data usage is remarkable. Given that many of its customers will have bundled Internet, wireless, and television services, the company will be tracking everything: which websites they visit, what search terms they enter, what television shows they watch, what applications they use, and what phone calls they make. All of that data will be correlated with their location, age, gender, and more.
EU Assures that CETA Does Not Contain ACTA Copyright Rules
While the Canadian government provided few details on the copyright rules in the Canada – EU Trade Agreement (largely emphasizing that CETA is consistent with recent copyright reforms), the European Commission posted an updated fact sheet on the issue. The European document focuses on the Anti-Counterfeiting Trade Agreement, providing assurances that CETA does not contain ACTA provisions with respect to Internet providers or criminal copyright provisions. The document, which appears to be a re-release of a year-old document, states:
CETA Reached “In Principle”, Part Four: Pharma Gets Patent Extension Despite Declining R&D in Canada
As noted in another post on the CETA intellectual property provisions, one of the key elements in the deal from a European perspective was patent term restoration, which effectively allows the large pharmaceutical companies to extend the term of their patents (additional posts on the need to release the draft text and the telecom and e-commerce provisions). The change will delay the entry of generic alternatives and, as acknowledged by Prime Minister Stephen Harper, will raise health care costs across the country (estimates run into the billions). In fact, the Ontario government has already indicated that it may seek compensation (or “mitigate the impact”) for the additional costs.
Ironically, the CETA deal comes just as the government’s Patented Medicines Prices Review Board issued its annual report that shows that the major pharmaceutical companies spending to sales ratio continues a decade-long decline, hitting its lowest level since the last time the Canadian government caved to pressure for patent reforms. According to the PMPRB released data (which is gathered from the companies themselves), the R&D-to-sales ratio for members of Rx&D (the lead pharma lobby) was 6.6% in 2012, down from 6.7% in 2012. The Rx&D ratio has now been less than 10% for the past ten consecutive years and is approaching its lowest level since tracking began in 1988. From a global perspective, Canada fares very poorly, ranking ahead of only Italy with countries such as France, Germany, Sweden, Switzerland, the U.K., and U.S. all seeing greater expenditures.
CETA Reached “In Principle”, Part Three: Meaningless Claims on Telecom & E-commerce
Without the CETA text, it is very difficult to assess many of the purported benefits of the draft agreement (additional posts on the need to release the text, the IP provisions, and the big win for pharmaceutical companies despite declining Canadian investment in research and development). Consider the benefits for telecommunications and electronic commerce discussed in the government’s summary document. On electronic commerce, the government states:
Businesses engaged in electronic commerce will benefit from greater certainty, confidence and
protection.
Twenty years ago, electronic commerce was in its infancy. Today, electronic commerce is a part of our daily lives. Canadians shop and plan holidays online, and buy and download software and entertainment content, including movies, television and music. Advertisers are making increased use of “smart advertising†on the Web to track our shopping habits and promote specific deals likely to interest us.
Recent Posts
The Law Bytes Podcast, Episode 237: A Conversation with Jason Woywada of BCFIPA on Political Party Privacy and Bill C-4 
Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy 
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects 
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers 
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints
