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

prism privacy by Eric Slatkin (CC BY-NC-SA 2.0) https://flic.kr/p/eSQeNV

Why The Anti-Terrorism Bill is Really an Anti-Privacy Bill: Bill C-51’s Evisceration of Privacy Protection

“The first and main concern is the privacy issue…since the information is to be shared by different levels of government and different governmental bodies. There is a risk that privacy can be compromised. The more information is transferred and shared, the greater the risk of security of the information.

Nearly twenty years ago, that was Stephen Harper, then a Reform Party MP warning against the privacy implications of an electronic voter registry and the fear that information sharing within government raised significant privacy concerns. Today, there is a very different Stephen Harper, who as Prime Minister is fast-tracking a bill that eviscerates privacy protections within the public sector.  Much of the focus on Bill C-51 has related to oversight: the government implausibly claims that it increases oversight (it does not), the Liberals say they support the bill but would like better oversight, and much of the NDP criticism has also centered on oversight. Yet with respect to privacy and Bill C-51, lack of oversight is only a part of the problem.

Read more ›

March 12, 2015 35 comments News
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Fixing the Digital Privacy Act: My Bill S-4 Appearance Before the Industry Committee

Yesterday I appeared before the Standing Committee on Industry, Science and Technology to discuss Bill S-4, the Digital Privacy Act. The discussion focused on a wide range of concerns, including the shortcomings in the security breach disclosure rules and the need for greater enforcement powers for the Privacy Commissioner of Canada. Metro News covered the appearance.  My opening remarks are posted below.  I’ll link to the full transcript once available.

Read more ›

March 11, 2015 Comments are Disabled Committees, News
Privacy is not a Crime by Jürgen Telkmann (CC BY-NC 2.0) https://flic.kr/p/pDmshR

Why Watching the Watchers Isn’t Enough: My Talk on Privacy, Snowden & Bill C-51

Last month, I had the honour of speaking at the Pathways to Privacy Symposium, a privacy event sponsored by the Privacy Commissioner of Canada and hosted by the University of Ottawa. The event featured many excellent presentations (the full seven hours can be viewed here). My talk focused on the recent emphasis on the need to improve oversight, a common refrain in reaction to both the Snowden surveillance revelations and Bill C-51, the anti-terrorism bill.  While better oversight is necessary, I argue that it is not sufficient to address the legal shortcomings found in both Canada’s surveillance legislation and Bill C-51. The full talk (which unfortunately has slightly delayed sound) can be viewed here or below.

Read more ›

March 4, 2015 3 comments News, Video
Office of the Privacy Commissioner Memorandum, October 28, 2014

Secret Memo Reveals RCMP Records on Requests for Subscriber Data “Inaccurate and Incomplete”

Last fall, Daniel Therrien, the government’s newly appointed Privacy Commissioner of Canada, released the annual report on the Privacy Act, the legislation that governs how government collects, uses, and discloses personal information. The lead story from the report was the result of an audit of the Royal Canadian Mounted Police practices regarding warrantless requests for telecom subscriber information.

The audit had been expected to shed new light into RCMP information requests. Auditors were forced to terminate the investigation, however, when they realized that Canada’s national police force simply did not compile the requested information. When asked why the information was not collected, RCMP officials responded that its information management system was never designed to capture access requests.

While that raised serious concerns – the RCMP has since promised to study mechanisms for reporting requests with recommendations expected in April – my weekly technology law column (Toronto Star version, homepage version) reports that documents recently obtained under the Access to Information Act reveal that the publicly released audit results significantly understated the severity of the problem. Indeed, after the draft final report was provided to the RCMP in advance for comment, several of the findings were toned down for the public release.

Read more ›

March 2, 2015 8 comments Columns
065 - VPN by el_finco (CC BY-NC-SA 2.0) https://flic.kr/p/65H7Gu

Rogers Executive Calls on Canadian Government to Shut Down VPNs

The Content Industry Connect conference, which was held in Toronto yesterday, featured a panel of leading television executives from Bell, the CBC, Corus, Rogers, and Shaw Media. Several people were live-tweeting the event when a comment from Rogers Senior Vice President David Purdy caught my eye. According to Kelly Lynne Ashton, a media policy expert, Purdy called on the Canadian government to shut down the use of virtual private networks:

@Klashton27 tweet by Kelly Lynne Ashton

Read more ›

February 27, 2015 67 comments News