The Electronic Travel Authorization — a commitment made as part of Canada’s perimeter security deal with the U.S. — is among the measures crammed into the latest budget implementation bill.
In a written submission to a Commons committee now scrutinizing the measures, privacy commissioner Jennifer Stoddart called on the government to ensure the details of the plan are rooted in law and thereby subject to Parliamentary oversight.
That includes what questions can be asked, how the information is to be used and how long government should be allowed to keep the information.
“One of my office’s concerns about the eTA program is its lack of transparency and the degree to which the details of the program are deferred to regulation. Fundamental questions about the eTA program such as which data elements are to be provided to CIC, how this information can be used and how long it is retained are not set out in statute as we believe they should be,” she wrote.
“To a large degree, these matters have been shaped behind closed doors, most notably through arrangements with the U.S. rather than through open and public debate.”
She’s also calling on the government to ensure a required privacy impact assessment is completed sooner than later and that there be more clarity as to how the program will fit in with other traveller monitoring initiatives also underway.
“The extent of information-sharing between federal agencies, and the purposes for which that information can be used, would also be important to understand,” she said.
Stoddart also wants the government to ensure those implementing the new measures receive “specialized privacy training” and that clear policies and controls be in place outlining who can access the database and for what purposes.
The eTA will require those from visa-exempt countries, including most Europeans, Australians and New Zealanders, to complete a personal information form on the Citizenship and Immigration (CIC) website before they can board a plane.
The system is supposed to quickly scan the responses and flag individuals who may be inadmissible like criminals, failed refugee claimants and those on no-fly lists before they even set foot in the country.
Just as Canadians are exempt from having to complete the American equivalent — which has been in place since 2008 — U.S. residents won’t be required to fill one out to come to Canada.
While Australia, which has a similar requirement, focuses on basic biographical, passport and contact information, the U.S. version contains a number of questions that could be construed as invasive.
For example, it asks would-be visitors if they have a communicable disease like gonorrhea or syphilis, if they’re a drug abuser or addict and if they have a potentially threatening physical or mental disorder.
On Monday, the opposition raised a number of concerns. Liberal immigration critic Kevin Lamoureux raised issues related to the cost of the initiative while NDP immigration critic Jinny Sims said her party supported the idea in principle but had a few reservations.
“We know that these are implemented by many countries already and quite successfully,” Sims said.
“That being said, we do have some concerns about privacy, about the impact on tourism and about the capacity of CIC and (the Canada Border Service Agency) to implement such a significant change.”
Assistant deputy minister Les Linklater and director Maia Welbourne testified Monday that Canada’s questionnaire has yet to be drafted but that the goal is to make it “as light touch” and “user-friendly” as possible.
While Linklater admitted “a lot of the detail will flow through regulation,” he said the plan would be publicized in advance and that a public consultation period would follow.
Noting a single failed asylum claimant can cost Canada $30,000 before the individual is deported, Linklater said the plan is supposed to save big bucks. While there will be a cost to get the program off the ground, he suggested it would be recovered over time through user fees.
He anticipates fewer than two per cent of applicants will be rejected. While that translates into thousands of potential visitors who will require a follow-up interview within two or three days with a visa officer, Linklater said additional resources will be made available to deal with that.
He added the eTA would be in place by spring 2015 and that an “aggressive communications strategy” would be done “well in advance” to ensure minimal impact on tourism. To reduce the burden on travellers, he suggested Canada’s fee would also be “nominal” even compared to the $14-$20 the U.S. and Australia charge respectively.
Canada is also considering a five-year validity period. In the U.S., the form is only valid for two years.
Original Article
Source: canada.com
Author: Tobi Cohen
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