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Telecoms Must Defend Our Privacy, Court Confirms
Telecoms Must Defend Our Privacy, Court Confirms
Ontario decision orders companies to represent subscribers’ interests.
Court ruled law enforcement’s request for thousands of subscribers’ cell phone records breached Canadian Charter rights. Anonymous photo via Shutterstock.
In today’s communications driven world, no one collects as much information about its customers as telecom companies. As subscribers increasingly rely on the same company for internet connectivity, wireless access, local phone service, and television packages, the breadth of personal data collection is truly staggering.
Whether it is geo-location data on where we go, information on what we read online, details on what we watch, or lists identifying with whom we communicate, telecom and cable companies have the capability of pulling together remarkably detailed profiles of millions of Canadians.
How that information is used and who can gain access to it has emerged as one the most challenging and controversial privacy issues of our time. The companies themselves are tempted by the prospect of “monetizing” the information by using it for marketing purposes, law enforcement wants easy access during criminal investigations, and private litigants frequently demand that the companies hand over the data with minimal oversight.
As a result, courts and privacy commissioners have regularly faced questions about the rights and responsibilities associated with subscriber information. For example, the Privacy Commissioner of Canada ruled last year that Bell’s “relevant advertising program,” which provided advertisers with the ability to target ads based on subscriber personal information, ran afoul of Canadian privacy law because the company simply presumed that it could use the information without an explicit, opt-in consent.
The Canadian courts have similarly grappled with a myriad of privacy issues, including whether basic subscriber information carries with it a reasonable expectation of privacy (the Supreme Court of Canada ruled that it does) or if an internet provider can be required to reveal the identities of internet subscribers in a copyright infringement lawsuit (it can subject to conditions limiting how the information is used).
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Senate Reports Offer Insight into Future Tory Privacy, CBC Policies
Senate Reports Offer Insight into Future Tory Privacy, CBC Policies
While Duffy trial ruled the news, our upper house released several new documents.
For anyone who has followed Senate committee reviews of legislative proposals, the Wright memo is not particularly surprising. This past spring, a Senate committee review of Bill C-51, the controversial anti-terrorism legislation, heard from experts such as the Privacy Commissioner of Canada about much-needed reforms. Yet once it was time to vote, the committee left the bill unchanged, lending an air of theatre to the entire process.
Assuming that policy control over Senate committee remains a priority, a recent batch of Senate reports provides new insights into future Conservative policies. Weeks before the election call, Senate committees began releasing long-awaited reports on a wide range of issues including national security, digital commerce and the future of the CBC. In fact, more Senate committee reports were released in June and July (15 in total) than in the previous 18 months combined.
Blueprint for more anti-terror strategies?
The Senate Committee on National Security and Defence led the way with two reports on increased border measures and new anti-terror measures. The border measures report has significant privacy implications as the committee recommends a massive expansion in the collection and sharing of biometric information.
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