-----Original Message-----
From: [email protected] [mailto:[email protected]] On Behalf Of Sid 
Shniad
Sent: Thursday, December 01, 2011 3:22 AM
Subject: Canada’s expanding surveillance ‘should scare you’: privacy watchdog
http://news.nationalpost.com/2011/11/29/canadas-expanding-surveillance-should-scare-you-privacy-watchdog/

National
Post
Nov 29, 2011
Canada’s expanding surveillance ‘should scare you’: privacy watchdog *By 
Vito Pilieci*

OTTAWA — 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 
decisions about privacy rights, Ontario’s privacy watchdog has warned.

Privacy Commissioner Ann Cavoukian said she is frustrated 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.

Related

   -

   Federal government privacy breaches hit record number last year: 
report<http://news.nationalpost.com/2011/11/17/federal-government-privacy-breaches-hit-record-number-last-year-report/>
   -

   RCMP databases have ‘disturbing gaps’ in managing personal information
   records: 
watchdog<http://news.nationalpost.com/2011/11/17/rcmp-databases-have-disturbing-gaps-in-managing-personal-information-records-watchdog/>

“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,” she told the Privacy & Information 
Security Congress 2011 conference in Ottawa.

Cavoukian said Monday 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 said she 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 her concerns 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 that 
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.”

*Ottawa Citizen*


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