International Law

UK police routinely arresting people to get DNA

Posted on November 24, 2009
According to the Guardian, citing a report to be released tomorrow, police in the UK have been routinely arresting people wihtout justification just to get their DNA into the national database: Police routinely arresting people to get DNA, inquiry claims Politics The Guardian Police officers are now routinely arresting people in order to add their DNA sample to the national police database, an inquiry will allege tomorrow...

US added to CDA, AUS and UK immigration information sharing program

Posted on November 24, 2009
The Secretary of Homeland Security and our Minister of Public Safety just wrapped up a bi-annual meeting and announced the addition of the United States to an existing program that uses biometric information to match immigration and refugee applicants to information in foreign databases...

BC employee fired over social assistance info breach

Posted on November 23, 2009
A British Columbia government employee has been fired and the Commissioner has launched an investigation after it was discovered that a spreadsheet with sensitive personal information on social assistance recipients was taken to the employee's home. See: Privacy czar to probe files breach...

Commissioner tables annual Privacy Act Report for 2008-2009

Posted on November 17, 2009
The Privacy Commissioner of Canada has tabled her annual report on the public sector privacy law, the Privacy Act: Annual Report to Parliament 2008-2009 - Report on the Privacy Act. At the same time, she has also tabled additional privacy audits, related to FINTRAC and the Canadian no-fly list:Audit of the Financial Transactions and Reports Analysis Centre of Canada Audit of the Passenger Protect Program of Transport Canada Here's the media release that accompanied the tabling of the reports: Audits of major national security programs raise concerns for privacy Excessive reporting of personal information to FINTRAC and potential information technology risks with Canada?s ?no-fly list? are among concerns identified in audits highlighted in the Privacy Commissioner?s annual report on public sector issues...

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Social networks for reference checks

Posted on November 15, 2009
I am often asked whether potential employers are legally able to use Facebook or other social networking sites to do background checks on candidates. A recent "update" email from LinkedIn contained the following blurb at the bottom:"DID YOU KNOW you can conduct a more credible and powerful reference check using LinkedIn? Enter the company name and years of employment or the prospective employee to find their colleagues that are also in your network...

A look at video surveillance in Halifax

Posted on November 15, 2009
The Sunday Chronicle Herald has two articles on the increasing use of video surveillance by police and private organizations in Halifax. They are interesting reading, but what I find most interesting is that this is the first time that I've seen any dicussion of how the police manage the feeds and access to recordings...

Regulators agree on proposed global privacy standards

Posted on November 06, 2009
Privacy regulators from around the world, meeting this week in Madrid, have agreed to a framework for international privacy standards. From what I've been able to glean, it would all be consistent with what we currently have in Canada under PIPEDA. AFP: Experts agree on proposed global privacy standards Experts agree on proposed global privacy standards MADRID ? Experts from 50 nations meeting in Madrid have reached a draft agreement on international standards for the protection of privacy and personal data, participants said Friday...

Nova Scotia to probe juror vetting

Posted on November 05, 2009
From today's National Post: Nova Scotia launches probe into jury vetting Shannon Kari, National Post Published: Thursday, November 05, 2009 The Public Prosecution Service in Nova Scotia is conducting an internal review into whether or not its Crown attorneys have been conducting improper background checks of potential jurors...

Text of Bill 64, Personal Health Information Act (Nova Scotia) now available

Posted on November 05, 2009
The text of Bill 64, the Personal Health Information Act has now been posted on the Nova Scotia Legislature website.

Personal Health Information Act introduced in Nova Scotia

Posted on November 04, 2009
The Minister of Health for Nova Scotia has today introduced the Personal Health Information Act in the legislature. I'll have a link to the text of the bill tomorrow, but in the meantime you can read the release: Personal Health Information Legislation Introduced News Releases Government of Nova Scotia Personal Health Information Legislation Introduced Department of Health November 4, 2009 2:46 PM Nova Scotian's personal health information would be better managed under proposed legislation introduced today, Nov...

Privacy Commissioner speaks out on lawful access

Posted on October 30, 2009
The Privacy Commissioner of Canada has recently provided parliamentarians with her opinion on the new lawful access bills that are winding their way through the Commons. I have to say I was nodding my head while I read it: Letter to the Standing Committee on Public Safety and National Security regarding the Commissioner's initial analysis on the privacy implications on Bills C-46 and C-47 - October 27, 2009 The Privacy Commissioner of Canada, Jennifer Stoddart, sent the following letter to the Standing Committee on Public Safety and National Security, regarding her initial analysis on the privacy implications on Bills C-46, the Investigative Powers for the 21st Century Act (IP21C), and C-47, the Technical Assistance for Law Enforcement in the 21st Century Act (TALEA) October 27, 2009 Mr...

Privacy Commissioner OKs airport body scanners

Posted on October 30, 2009
Apparently the Privacy Commissioner has given the thumbs up body scanners for aviations security: The Canadian Press: Privacy watchdog OKs see-through scanners Privacy watchdog OKs see-through scanners By Jim Bronskill (CP) ? 46 minutes ago OTTAWA ? Airport scanners that see through the clothes of travellers have received the blessing of Canada's privacy czar...

University of Akron may demand DNA from job applicants

Posted on October 29, 2009
Wow. All I can say is wow. Want A Job In Akron? Hand Over Your DNA - Taking Liberties - CBS News It's not unusual for employers to conduct criminal background checks during the hiring process. But the University of Akron has taken this to a surprising new level...

Reacting To Lawful Access: Comparing the Conservatives, Liberals, and NDP

Posted on October 29, 2009
Check out Michael Geist's post: Michael Geist - Reacting To Lawful Access: Comparing the Conservatives, Liberals, and NDP. The title says it all.

Amendments to PIPA tabled, including breach notification and regulation of export of personal information

Posted on October 28, 2009
Yesterday (October 27, 2009), the Alberta Government introduced Bill 54, the Personal Information Protection Amendment Act, 2009. The Bill includes notification requirements for export of personal information to a service provider outside of Canada and breach notification...

The future of privacy on the internet

Posted on October 26, 2009
I was honoured to be one of the speakers at the Halifax Internet Town Hall hosted at Dalhousie University this evening, sponsored by the Chebucto Community Net and Dalhousie Student Union. My portion of the proceedings -- surprise -- was about privacy...

Laptop searches at airports infrequent, DHS privacy report says

Posted on October 17, 2009
Computerworld is reporting on the first report of the Department of Homeland Security Privacy Office since the changeover to the Obama administration. The report itself is interesting, but perhaps most interesting are the statistics related to the number of searches of laptops at border crossings...

Government declines proposed reforms to access and privacy laws

Posted on October 15, 2009
The Minister of Justice has responded to the Standing Committee on Access to Information, Privacy and Ethics' reports on reform to the Privacy Act and the Access to Information Act with a robust "thanks, but no thanks". House of Commons Committees - ETHI (40-2) - Reports and Government Responses Report 11 - The Access to Information Act: First Steps Towards Renewal (Adopted by the Committee on June 15, 2009; Presented to the House on June 18, 2009) Government Response: 11th Report of the Standing Committee on Access to Information, Privacy and Ethics, "The Access to Information Act: First Steps Towards Renewal" (Presented to the House on October 9, 2009) Report 10 - The Privacy Act: First Steps Towards Renewal (Adopted by the Committee on June 8, 2009; Presented to the House on June 12, 2009) Government Response: Tenth Report of the Standing Committee on Access to Information, Privacy and Ethics, "The Privacy Act: First Steps Towards Renewal" (Presented to the House on October 9, 2009) Thanks to Michael Geist for the pointer...

The lawful access debate

Posted on October 14, 2009
The Ottawa Citizen has an interesting article on the debate surrounding "lawful access". Check it out: Security vs. privacy. Via Michael Geist.

Privacy Commissioner releases study of six social networking sites

Posted on September 27, 2009
The Privacy Commissioner of Canada has posted a study of the privacy practices of six social networking sites. The report was written by Jennifer Barrigar and delivered in February 2009. I suppose it took that long to translate into both official languages...

Nova Scotia significantly amends public sector privacy law

Posted on September 25, 2009
Nova Scotia has just given the privacy provisions of FOIPOP some teeth with the passage of the Privacy Review Officer Act: New Privacy Act Proclaimed News Releases Government of Nova Scotia Department of Justice September 25, 2009 10:34 AM Personal information will be more secure under the Privacy Review Officer Act that takes effect today, Sept...

Privacy Commissioner to look into pollster's use of gun registry info

Posted on September 25, 2009
There is a fuss brewing in some circles about the RCMP hiring a polling firm to survey gun owners about the national firearms registry. The issue is that personal information about gun owners has been transferred to EKOS research. I don't see the problem here, as long as EKOS is trustworthy and there is a robust agreement between the RCMP and EKOS...

Facebook shuts down Beacon marketing tool

Posted on September 23, 2009
As part of a settlement of a large class-action lawsuit in California, Facebook has agreed to completely shut down its "Beacon" feature, which connects users' activites outside of Facebook to the users' profiles. See: Facebook shuts down Beacon marketing tool Sympatico...

Guilty plea in TJX and Heartland data breach cases

Posted on September 12, 2009
A guilty plea in the massive TJX and Heartland Payment Systems data breaches: Gonzalez pleads guilty to TJX, other data heists - Network World.

CATSA orders invasive body scanners for Canadian airports

Posted on September 11, 2009
According to the Edmonton Sun, the Canadian Air Transport Security Authority is ordering seven whole body scanners for use in airports. The scanners are controversial because they result in a "virtual strip search" so that the operator is able to make out the details of the passenger's body and supposedly anything that the person may be hiding under his or her clothes...

Privacy Commissioners call for reconsideration of expanded surveillance powers

Posted on September 10, 2009
The federal, provincial and territorial Privacy Commissioners meeting together in St. John's have issued a statement calling for "caution" on the expansion of investigative powers proposed by the conservative government. They issued the following media release, referring to resolutions available on the federal Commissioner's website: Privacy commissioners urge caution on expanded surveillance plan ST...

IPC issues advice on the "circle of care" under PHIPA

Posted on September 02, 2009
The Information and Privacy Commissioner of Ontario has released written guidance on the "circle of care" under that province's Personal Health Information Protection Act, entitled Circle of Care: Sharing Personal Health Information for Health-Care Purposes...

Facebook agrees to address Privacy Commissioner?s concerns

Posted on August 27, 2009
This just in: News Release: Facebook agrees to address Privacy Commissioner?s concerns - August 27, 2009 Privacy Commissioner of Canada satisfied that proposed changes to the social networking site?s privacy practices and policies would bring Facebook into compliance with Canadian law...

Commissioner to reveal result of Facebook negotiations tomorrow

Posted on August 26, 2009
Apparently both the Privacy Commissioner of Canada and Facebook intend to hold separate press conferences tomorrow to discuss the outcome of the last month of negotiations between the two about whether Facebook is in compliance with Canadian privacy laws...

Privacy commissioner OKs modified Barwatch program

Posted on August 24, 2009
According to the CBC, the Information and Privacy Commissioner of British Columbia has approved a modified version of the BarWatch program. Bars, under BC's Personal Information Protection Act, are allowed to swipe a patron's drivers license or other ID, collecting name, gender, date of birth and a photograph of the patron...

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