Office of the Information and Privacy
Commissioner
September 10, 2009Privacy
Commissioners Urge Caution on Expanded Surveillance Plan
Parliament should take a cautious approach to
legislative proposals to create an expanded surveillance
regime that would have serious repercussions for privacy
rights, say Canada�s privacy guardians.
Privacy commissioners and ombudspersons from across
the country issued a joint resolution today urging
Parliamentarians to ensure there is a clear and
demonstrable need to expand the investigative powers
available to law enforcement and national security
agencies to acquire digital evidence.
The federal government has introduced two bills aimed
at ensuring that all
wireless, Internet and other
telecommunications companies allow for surveillance of
communications, and comply with government agency
demands for subscriber data � even without judicial
authorization.
"Canadians put a high value on the privacy,
confidentiality and security of their personal
communications and our courts have also accorded a high
expectation of privacy to such communications," says
Jennifer Stoddart, the Privacy Commissioner of Canada.
"The current proposal will give police authorities
unprecedented access to Canadians� personal
information," the Commissioner says.
The resolution is the product of the semi-annual
meeting of Canada�s privacy commissioners and
ombudspersons from federal, provincial and territorial
jurisdictions across Canada, being held in St. John�s.
The commissioners unanimously expressed concern about
the privacy implications related to Bill C-46, the
Investigative Powers for the 21st Century Act
and Bill C-47, the Technical Assistance for Law
Enforcement in the 21st Century Act. Both
bills were introduced in June.
"We feel that the existing legal regime governing
interception of communications � set out in the
Criminal Code and carefully constructed by
government and Parliament over the decades � does
protect the rights of Canadians very well," says Ed
Ring, the Information and Privacy Commissioner for
Newfoundland and Labrador and host of the meeting.
"The government has not yet provided compelling
evidence to demonstrate the need for new powers that
would threaten that careful balance between individual
privacy and the legitimate needs of law enforcement and
national security agencies."
The resolution states that, should Parliament
determine that an expanded surveillance regime is
essential, it must ensure any legislative proposals:
Are minimally intrusive;
Impose limits on the use of new powers;
Require that draft regulations be reviewed
publicly before coming into force;
Include effective oversight;
Provide for regular public reporting on the
use of powers; and,
Include a five-year Parliamentary review.
At the meeting in St. John�s, the commissioners and
ombudspersons also passed a resolution about the need to
protect personal information contained in online
personal health records.
The resolution emphasizes the importance of
empowering patients to control how their own health
information is used and shared. For example, it calls
for developers of personal health records to allow
patients to gain access to their own health information,
set rules about who else has access, and to receive
alerts in the event of a breach.
"Personal health records have the potential to
deliver significant benefits for patients and their
health care providers. However, given the highly
sensitive personal information involved, developers need
to ensure they build in the highest privacy standards,"
says Commissioner Ring.
Both resolutions are available on the Privacy
Commissioner of Canada�s website, www.priv.gc.ca.
Canada�s privacy commissioners and ombudsmen will be
hold a media availability and photo opportunity today
(Thursday, September 10).
Where: Salon A, Sheraton Hotel Newfoundland
Date:
Thursday, September 10
Time:
Media Availability � 10:15 a.m. (NT)
Photo Opportunity � 11:00 a.m. (NT)
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