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

COVIDSafe - Your device isn't compatible - Samsung J5 Android 5.1.1 by Alpha (CC BY-NC 2.0) https://flic.kr/p/2iViz9a

The LawBytes Podcast, Episode 49: Lilian Edwards on the Legal, Ethical and Technology Debate over Coronavirus Contact Tracing Apps

As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to safeguard a myriad of privacy and civil liberties concerns?

Lilian Edwards is a law professor at Newcastle University where she is the Professor of Law, Innovation and Society.  She has been leading a fascinating project that seeks to address the legal concerns that might arise from contact tracing apps with a model bill that could be used to establish safeguards and other legal limits. She joined me on the podcast to talk about the latest developments on contact tracing apps, the growing schism between countries, and the legal rules that could address some of the public concerns.

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May 4, 2020 3 comments Podcasts
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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.

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March 24, 2020 11 comments Columns
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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.

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March 23, 2020 3 comments Podcasts
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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.

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March 18, 2020 2 comments Columns
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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.

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March 9, 2020 2 comments Podcasts