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Sweeping New Powers Would Threaten Privacy: Watchdog

BC Government wants to amend law to allow much more collection and sharing of personal data.

By Andrew MacLeod, 25 Mar 2010, TheTyee.ca

Yellow Eye, Privacy, 600 px

Public bodies would collect, share your personal information without consent.

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The British Columbia government wants sweeping new powers to collect and share citizens' private information and store it outside of Canada. Officials argue the powers would help them better serve the public, but a privacy advocate says British Columbians should be worried about the government's plans.

Representatives of the B.C. government presented their 88-page submission to a March 24 meeting of a special committee struck to review the Freedom of Information and Protection of Privacy Act. Such a review happens every six years. The transcript is here.

The government proposes public bodies be able to collect and share people's personal information without their consent. Non-public bodies such as the police, social service providers and non-governmental organizations would be able to do the same.

It would also change the act to allow information to be stored outside of Canada, overturning a provision put in place to protect British Columbians from the long arm of the United States' Patriot Act.

"It's the scope of the thing," said Vincent Gogolek, the policy director for the Freedom of Information and Privacy Association watchdog group. "They really are looking to change the basis of the act to remove people's control over their own information."

'Shared across the universe'

The government's submission says it wants the act amended "to allow for indirect collection by, and disclosure to and between all relevant public bodies, without consent, for purposes of integrated program or activity."

Even non-public bodies including "government and police agencies in other jurisdictions" could indirectly collect and disclose personal information without consent, under the proposal.

This would be done where it's "of benefit to the citizen and necessary to the delivery of the service or program," or for public health and safety.

"They want it shared across the universe," said Gogolek. "NGOs, the RCMP, all over the place. . . They don't want any supervison of that. . . and that's a problem."

The information at stake includes some of the most personal things about people, he said. Information about medical history, mental health, addictions, housing and criminal records would be included, he said. "This is stuff you don't want bouncing around all over the place."

People have a right to keep control of their information and how it is used, Gogolek said, adding it's not good enough for the government to just say, "trust us."

"This will be used monitoring and checking up on people," he said. The government argues that it has become more horizontal and the law needs to change to match its new structure, he said. "I've got a bit of a problem with that and I suspect the committee might have a bit of a problem with that."

The government is making the pitch as it embarks on a $180-million integrated case management system that will be used by both the children and families and housing and social development ministries.

The government has entered a six-year deal with Deloitte Inc. to develop the system, despite warnings the system will create new privacy risks.

Patriot Act worries

Perhaps even more contentious is the provincial government's desire to store more information outside the country.

Here's how the submission to the committee puts the request: "Amend the provisions in the FOIPP Act prohibiting the storage of information outside of Canada to take into account IT developments and advancements that make jurisdictional boundaries artificial."

The change would include, "social networking and other internet tools and mechanisms that can promote stronger citizen engagement and [would] take advantage of commercial and economic opportunities for storage and management of information including 'cloud computing.'"

The provision requiring information stay in Canada dates back to soon after the B.C. Liberals took office in 2001. They were contracting out the management of health records, just as the United States government responded to the 9-11 attacks on the World Trade Center by bringing in the Patriot Act, parts of which allowed for the collection of large amounts of information.

The province's chief information officer, Dave Nikolejsin, presented the government's submission to the committee. He described why they want the restrictions on foreign data storage changed: "How we are able to do some of our alternative service delivery projects is dictated, because a lot of the organizations that bid on opportunities like that and attempt to do business with us are not Canadian businesses. We have to go through machinations that other jurisdictions don't in order to make sure that the data stays in Canada."

"Alternative service delivery" is the wording the government uses to describe contracting out public services. He named Alberta and Ontario as provinces B.C. competes with that don't have similar restrictions on data storage.

"This was hugely controversial and the government was forced to bring it in because of the Patriot Act," said Gogolek. "The Patriot Act is still there." The president of the United States may have changed, but the law has not, he said.

Expanding definitions

Gogolek also takes issue with a couple of changes suggested by the attorney general and the solicitor general.

One would extend the definition of "law enforcement," allowing public bodies to refuse access to a greater number of records. Originally the idea was to prevent information that would compromise a particular investigation from being released. As Gogolek puts it, you legitimately don't want the U.N. Gang able to request records about how the police are investigating the U.N. Gang.

"They want to expand it from investigations to crime prevention," said Gogolek. That would make lots of records that are now releasable secret, he said. "It's got to be realistic. You can't just raise hypotheticals."

The government also asked the committee to rewrite the law so it can refuse access to security video from jail cells. That would be in direct contradiction to a two-year-old ruling by former information and privacy commissioner David Loukidelis, said Gogolek.

"They seem grumpy about that," he said. Knowing that video from jail cells may find its way into public is incentive for the people who work in jails to follow the law, he said. That incentive would be removed if people knew the footage could never be released, he said. "I don't think it's a good way to go."

The acting information and privacy commissioner, Paul Fraser, is scheduled to present to the committee next week.

Gogolek said his group, which presented to the committee last month, will also be looking for a way to respond to the government's submission.  [Tyee]

23  Comments:

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  • Takuan

    1 year ago

    having your numbers and

    having your numbers and records on file will make it easier for them to convince your new foreign owners you're a suitable chattel worth acquiring. After all, the fish and trees are gone, metal's on the way out, surplus worker units are all BC will have to sell soon. Business is business.

  • Chris Keam

    1 year ago

    Let it all hang out

    "This would be done where it's "of benefit to the citizen and necessary to the delivery of the service or program," or for public health and safety.
    (snip)
    The information at stake includes some of the most personal things about people, he said. Information about medical history, mental health, addictions, housing and criminal records would be included, he said."

    Great idea. Let's start with our elected officials. I want to know if our leaders have mental health or addiction issues before I lend them my support. It strikes me that this would be of immense benefit to citizens.

  • Takuan

    1 year ago

    that's a great idea! Full

    that's a great idea! Full disclosure. And long overdue daily urine tests for all politicians.

  • Tangler

    1 year ago

    Rule No. 2

    Rule No. 2: Effective control of the population requires that a dictator have knowledge of every aspect of a citizen's existence. Privacy enables dissension and may contribute to revolt.

    (Rule No. 1: "Controlling what the public sees and hears is essential to the successful operation of a stable dictatorship.")

  • Marushka

    1 year ago

    screw the Patriot Act

    I don't want any American company to have access to my personal information. Why should they? What next? China & Russia & Iran can also get access?
    Information gathering that is pertinent to our BC and Canadian governments is one thing ... but in a world that is seemingly full of people (including those working for our governments) who wish to steal identities for nefarious purposes, less personal information is always better.
    Isn't this why we all bought shredders?

  • Adam M

    1 year ago

    Interesting stuff

    I remember years ago when I worked at a skip-tracing outfit that tracked down, primarily, American debtors. The databases used were such that you could type in any identifying number that was ever associated with a person and instantly get a past and present set of addresses.

    The fun part was that you could do the opposite also: you could look at any address and instantly get all the identifying numbers of all previous people that ever linked their name there, either as a renter/owner, registered as billing, etc. You could look at any house and instantly know the people's SSN, DL #, and so on, and you could then follow their history through time, where they ever lived, etc.

    Celebrity searches were grounds for firing.

    It made it very easy to call a company, like a power company or whatever, and pretend to be the person (using a caller ID spoofer, which is legal in most states), and find out even more, like their unlisted new phone number, or whatever. That's American privacy for you!

    I was told at the time that Canadian privacy laws were so tight that this kind of databasing would be illegal here, and it seemed that way, but it's all unraveling now that we're giving the yanks the keys to the cookie jar. Who's going to enforce our privacy laws in America, the Americans? Hardy har har!

  • Adam M

    1 year ago

    Now that I think about it

    Now that I think about it, this acceleration of circumvention of privacy probably has a lot to do with the vulnerable Canadian debt market. Canada's privacy laws are actually rather stifling to would be debt-collectors, and with a large housing bubble, interest rates set to go up, an uncertain economic future due to potential for a double dip recession in the USA (as Colin Hansen has even warned about), and CMHC's slow but steady draw-back from the insurance of higher-risk mortgages, lenders in Canada are surely looking for a way to reduce losses on defaults when the market gets lousy. They are, after all, in the business of lending money, and cascading uninsured defaults with strong limits on debt collection practices would bode poorly for our banks and lenders, not to mention their beneficiaries, the developers (are they an important group in BC?).

    Look out for tightened rules on declaring personal bankruptcy as a harbinger of the shit hitting the fan.

  • Fiat lux

    1 year ago

    When the Soviets and

    When the Soviets and satellites were collapsing, there were TV news reports, showing the millions of files and the methods the secret polices have been using to spy on citizens.

    Yet, the methods they used were primitive chickenfeed in comparison to the potential and existing electronic spying methods used by today's rulers under the "freedoms capitalism"

    Every time we use a credit card, or pay by cheque every single item we buy, every phone call we make is recorded on some super computers in central USA.
    Whatever we write here, or on any other blog and list is also recorded. That's why I always sign my name.

    The difference between the enslavement by communism and capitalism is only in the methods used, but the people behind are always the same predator class under every religion, ideology and flag.

    Ed Deak.

  • demotto

    1 year ago

    Privacy for jailers and police

    How wonderful for the jailers that beat and torture ones in their custody. How wonderful for RCMP that shoot ones in their custody in the back of the head. Even now with video that may be released it seems the video mysteriously doesn't function when the jailers or RCMP need it not to.

    We are already chattel for the bankrupt corporation called CANADA as evidenced by the NAME on the Birth Certificate and the Revenue Receipt on the back of the Birth Certificate.

    The Banks can loose nothing if one defaults on ones so called debt as the Banks had nothing to loan in the first place. The money is created when you sign the promise to pay. The only value is your signature. We have already funded everything through the Birth Certificate as evidenced by the Revenue Receipt on the back.

    Wake up people learn the Bills of Exchange Act.

    In the Financial Administrations Act of Canada
    "money" includes negotiable instruments;
    "negotiable instruments" includes any cheque, draft,traveller's cheque, bill of exchange, postal note, money order, postal remittance and any other similar instrument;
    Look up the meaning of includes. In Websters Seventh New Collegiate Dictionary it says first meaning "to shut in: ENCLOSE. Notice the FAA meaning does not include Canada Bank Notes, probably because they are in fact debt notes not money.

  • NormS

    1 year ago

    Arrogance

    These guys have been arrogant since the day they took office. They won't play by the rules when it comes to freedom of government information, now they want us to loosen up with ours. I'd like to find an alternative government. If only the NDP could learn economic management.

  • DPL

    1 year ago

    Leave my records alone. The

    Leave my records alone. The recent mess of erecords run by the medical gang should be enough to show us that this government can't handle the records they have now. Give big brother a shiny new computer and watch out.

  • Takuan

    1 year ago

    secrets go both ways,

    secrets go both ways, support Wikileaks:
    http://wikileaks.org/?t=a#spying

    And a few Fiberal secrects ought to get out, Wikileaks might print them. Anyone positioned?

  • rollandmiller

    1 year ago

    Personal Medical Data

    There is no reason to store medical data outside of BC.

    I oppose others being able to view my medical data period without my approval.

    Say No!

  • TheAardvark

    1 year ago

    What are you prepared to give up?

    Why doesn't government use Facebook for that? How could Children & Families not know that this guy was just out of prison? Why do I have to log in separately to each government system? Because of privacy rules. "No sharing ever" is as silly as "no rules at all". We need a balance, and sensible rules. Unfortunately we have a system in which FIPA has to be sensational to get heard. I hope that while the breast-beating goes on in public, sensible people are meeting in private to come up with reasonable solutions.

  • Takuan

    1 year ago

    we could re-work this

    we could re-work this one:
    http://www.guardian.co.uk/media/2006/oct/11/italy.broadcasting

  • crankypants

    1 year ago

    Amazing

    First of all, I don't recall the BC Liberal party running on this during the last election. It's bad enough they lowballed the deficit and lied about the HST.

    Can stalags be far behind?

  • Stephanie

    1 year ago

    Privacy? Stop fooling yourselves!

    You actually beleive that in the age of internet that you have any level of privacy? Stop fooling yourselves! Any Canadian with a passport, DL, SIN, MSP coverage, a bank account, a federal tax account has already been violated, and their information can be accessed and dispersed by those unseen minions of government.
    On top of that if you make use of email, blogs, search engines, social networking sites, etc. you and your info and comments are public property WHETHER YOU HAVE GIVEN YOUR PERMISSION OR NOT!
    I'm with Ed on this one, I use my name - they know who I am anyways!

  • ifsandsnbutts

    1 year ago

    rollandmiller...and marushka...

    Your medical data and billing services are already stored outside of BC...as is the data for our Family Maintenance Program, your ICBC records...and so on.

    I would strongly suggest that those who don't know these issues read Murray Dobbin's columns on this website. Start by clicking on his name in the Columns list, then enter the search word MAXIMUS. One link leads to another, and so on. There is a good afternoon of reading at least...so make yourself comfy and keep a glass of water nearby. You'll need it when the flames of anger start to burn.

    You could also enter Oracle Corporation or Larry Ellison on the main page search box too I would think. The Tyee has a wealth of information regarding these issues - and this is the only website I've found that does. You can be absolutely assured that NONE of what you'll be reading has ever been touched by mainstream media...at least in any meaningful way.

    And...NO...I am NOT a Tyee employee. Merely an avid reader.

  • MacKenna

    1 year ago

    Beyond the hideous breach of ethics, there's the irony...

    "Officials argue the powers would help them better serve the public"

    When has Gordon Campbell ever served the citizens of this province. He's crushed education, he's increased homelessness, he's practically de-indexed the pittance of welfare, he's given landlords the ability to increase rents beyond inflation...what has this cobag done for citizens, but NOT support them?

    Is there any way we can fight this, legally? I'm thinking SUPREME COURT, BITCHES.

  • Takuan

    1 year ago

    they own the judges

    they own the judges

  • RickW

    1 year ago

    So when do we get..........

    ....our identifaction tats?

  • Rolf Auer

    1 year ago

    The BC Libs are the most right-wing on the continent.

    The BC Liberal government is the most right-wing one on the continent. They are trying to fix it so that corporations have the right to vote at the municipal level.

    http://www.straight.com/article-298235/vancouver/should-bc-psychopaths-be-allowed-vote

    And now this? Putting ALL of our private records under US control?

    They are barking mad! The HST and all the cuts everywhere (except their business buddies) have proved that over and over again! It's long past the time these guys were turfed!

  • Takuan

    1 year ago

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