Canadian judges and politicians have grown too old and out of touch with the reality of today's digital world to be trusted to make sound policy decisions, according to Ontario's Privacy Commissioner.
Speaking at the Privacy & Information Security Congress 2011 conference in Ottawa on Monday, Ann Cavoukian expressed her frustration with recent judicial decisions that she believes trivialize Canadian privacy rights.
She also criticized the federal government's planned "lawful access" legislation - Bill C-50 and Bill C-51 - which Cavoukian believes will amount to a major breach of rights and freedoms.
"We are talking about the expansion of surveillance without judicial authorization. This should scare you," she said.
"It has nothing to do with having something to hide. In a free and democratic society, why does the state have the ability to order the citizen to reveal personal information? There is nothing written anywhere (in law) that says the state can ask for whatever it wants."
Cavoukian said the federal government's proposed legislation could have a profound impact on privacy rights. She has sent a 20-page legal analysis of the legislation, which would make it legal for police forces to snoop on Internet users without requiring a warrant from a judge, to Public Safety Minister Vic Toews.
The legislation is being proposed to make it easier for police to track and catch terrorists, counterfeiters and pedophiles.
Ontario's privacy commissioner said she realizes the federal legislation is out of her provincial jurisdiction, but believes it poses such a risk to the privacy of Ontarians that she had to intervene. She said she is tired of the government promoting the legislation by saying that citizens who have nothing to hide have nothing to fear.
"That's the extreme they are willing to go to. It's child predators, or privacy," she said. "This is such an important issue, it can't be limited by boundaries. This notion of having 'nothing to hide' is the problem."
Cavoukian has spoken out about the issue in the past. The government has responded by saying she is blowing things out of proportion and adding the information they would be seeking online, should the legislation pass, would be akin to what can be found in a phone book.
However, the Ontario Privacy Commissioner said the legislation would give police the ability to track people online and even snoop in on their everyday activities.
She said citizens need to become aware of issues such as the pending lawful access legislation because Canadians can no longer trust their court system to defend them against increasing encroachment on their privacy rights.
According to Cavoukian, judges in various courts across Canada have grown out of touch with today's digital world.
"I have no faith in the judiciary anymore," she said. "I don't want to leave it to the courts to decide these things."
Cavoukian told the crowd she has been particularly concerned about the outcome of a recent Supreme Court of Canada decision to ignore an appeal pertaining to a case in Alberta.
Leon's furniture stores require customers in Alberta to leave behind their driver's licence and licence plate numbers in order to return items. The store said it collects the information to deter theft. One customer complained it was a breach of privacy. Alberta privacy commissioner Frank Work agreed.
A court in Alberta ordered Leon's to stop the practice. Leon's appealed that decision. Upon hearing the case, the Alberta Court of Appeal ruled the practice was reasonable.
Cavoukian and other privacy commissioners immediately filed for intervernor status in the case. On Friday, the Supreme Court of Canada announced it would not be hearing the case.
"They hear all of these copyright cases and they won't hear this?" she asked. "For the first time, I am very concerned about the creep of surveillance expanding."
Origin
Source: Ottawa Citizen
Speaking at the Privacy & Information Security Congress 2011 conference in Ottawa on Monday, Ann Cavoukian expressed her frustration with recent judicial decisions that she believes trivialize Canadian privacy rights.
She also criticized the federal government's planned "lawful access" legislation - Bill C-50 and Bill C-51 - which Cavoukian believes will amount to a major breach of rights and freedoms.
"We are talking about the expansion of surveillance without judicial authorization. This should scare you," she said.
"It has nothing to do with having something to hide. In a free and democratic society, why does the state have the ability to order the citizen to reveal personal information? There is nothing written anywhere (in law) that says the state can ask for whatever it wants."
Cavoukian said the federal government's proposed legislation could have a profound impact on privacy rights. She has sent a 20-page legal analysis of the legislation, which would make it legal for police forces to snoop on Internet users without requiring a warrant from a judge, to Public Safety Minister Vic Toews.
The legislation is being proposed to make it easier for police to track and catch terrorists, counterfeiters and pedophiles.
Ontario's privacy commissioner said she realizes the federal legislation is out of her provincial jurisdiction, but believes it poses such a risk to the privacy of Ontarians that she had to intervene. She said she is tired of the government promoting the legislation by saying that citizens who have nothing to hide have nothing to fear.
"That's the extreme they are willing to go to. It's child predators, or privacy," she said. "This is such an important issue, it can't be limited by boundaries. This notion of having 'nothing to hide' is the problem."
Cavoukian has spoken out about the issue in the past. The government has responded by saying she is blowing things out of proportion and adding the information they would be seeking online, should the legislation pass, would be akin to what can be found in a phone book.
However, the Ontario Privacy Commissioner said the legislation would give police the ability to track people online and even snoop in on their everyday activities.
She said citizens need to become aware of issues such as the pending lawful access legislation because Canadians can no longer trust their court system to defend them against increasing encroachment on their privacy rights.
According to Cavoukian, judges in various courts across Canada have grown out of touch with today's digital world.
"I have no faith in the judiciary anymore," she said. "I don't want to leave it to the courts to decide these things."
Cavoukian told the crowd she has been particularly concerned about the outcome of a recent Supreme Court of Canada decision to ignore an appeal pertaining to a case in Alberta.
Leon's furniture stores require customers in Alberta to leave behind their driver's licence and licence plate numbers in order to return items. The store said it collects the information to deter theft. One customer complained it was a breach of privacy. Alberta privacy commissioner Frank Work agreed.
A court in Alberta ordered Leon's to stop the practice. Leon's appealed that decision. Upon hearing the case, the Alberta Court of Appeal ruled the practice was reasonable.
Cavoukian and other privacy commissioners immediately filed for intervernor status in the case. On Friday, the Supreme Court of Canada announced it would not be hearing the case.
"They hear all of these copyright cases and they won't hear this?" she asked. "For the first time, I am very concerned about the creep of surveillance expanding."
Origin
Source: Ottawa Citizen
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