Day four of the PIPEDA hearings

Michael Giest has a summary of the fourth day of testimony before the Parliamentary Committee conducting the PIPEDA review hearings:

Michael Geist - PIPEDA Hearings - Day 04 (B.C. Privacy Commissioner Loukidelis and Professor Val Steeves):

"Wednesday's PIPEDA hearing featured B.C. Privacy Commissioner David Loukidelis and University of Ottawa professor Val Steeves. Commissioner Loukidelis went even further than the federal privacy commissioner in downplaying significant change. Loukidelis downplayed his order making power (a last resort), security breach notification (more evidence on impact needed), and even the concerns associated with cross-border transfers to the U.S. (can always pick a different private sector company). Professor Steeves highlighted the privacy challenges posed by new technologies and offered some specific reform recommendations. Natalie Senst was in attendance on Wednesday afternoon and she filed the following report:..."

Update (20070118): For links to the full hearing transcripts, go to: Canadian Privacy Law Blog: PIPEDA Review Transcripts.

Commissioner speaks at the PIPEDA review hearings

Michael Geist has a summary of the third day of the PIPEDA review hearings, at which the Privacy Commissioner appeared. She called for mandatory breach notification and amendments to PIPEDA to get around the recent Blood Tribe that curtailed her ability to review claims of privilege. Check it out: Michael Geist - PIPEDA Hearings - Day 03 (Privacy Commissioner of Canada).

Update (20070118): For links to the full hearing transcripts, go to: Canadian Privacy Law Blog: PIPEDA Review Transcripts.

Suspect Nation

Google Video is hosting a great documentary featuring Henry Porter of the Observer on widespread surveillance in the US and the UK that assumes everyone's a subject. Check it out: Suspect Nation - Google Video. From the Google Video blurb:

Since Tony Blair's New Labour government came to power in 1997, the UK civil liberties landscape has changed dramatically. ASBOs were introduced by Section 1 of the Crime and Disorder Act 1998 and first used in 1999. The right to remain silent is no longer universal. Our right to privacy, free from interception of communications has been severely curtailed. The ability to travel without surveillance (or those details of our journeys being retained) has disappeared. Indeed, as Henry Porter (the Observer journalist famous for his recent email clash with Tony Blair over the paring down of civil liberties) reveals in this unsettling film, our movements are being watched, and recorded, more than ever before.

Thanks to Open and Shut for the link.

UK police to get head-mounted videocams and portable fingerprint scanners

Hrm. Interesting. Some cops in Haringey, UK, are being issued head-mounted CCTV cameras (UK police to get head-mounted videocams - 23 Nov 2006 - IT Week) and other UK cops will get portable fingerprint readers for use at all traffic stops (Police could hold fingerprints in palm of their hand).

Charges laid under Alberta's Health Information Act

The Information and Privacy Commissioner of Alberta has announced that the first charges ever have been laid under the Helath Information Act. The charges relate to improper access to health information and misleading the OIPC's investigator. From the OIPC's media release:

Charges laid under Health Information Act:

November 23, 2006

Four charges have been laid against an individual under the Health Information Act. She has been summoned to appear in Calgary Court on January 15, 2007. This is the first time charges have been laid under provisions of the Health Information Act.

As a result of a complaint to the Office of the Information and Privacy Commissioner an investigation was undertaken. Upon completion of the investigation, the matter was referred to the Regulatory Prosecutions Office of Alberta Justice. Following that consultation, two charges were laid for improperly accessing another individual's health information and two charges were laid for misleading the Office of the Information and Privacy Commissioner's investigator.

The maximum penalty for a first offence under the Health Information Act is $50,000 for each charge.

Alberta's Information and Privacy Commissioner, Frank Work, says, 'These are serious allegations, and they are not to be taken lightly. As we move increasingly to electronic health records, the security of Albertan's health information remains paramount. We will do everything in our power to help protect this information'.

SWIFT broke data privacy laws

According to the Associated Press, a panel of EU privacy regulators has found that SWIFT violated European privacy laws by handing over SWIFT data to the US. See: EU panel: SWIFT broke data privacy laws.

Kudos to Le Royal Méridien King Edward hotel

As I wander through this world, I more often than not notice privacy problems instead of good privacy practices. That may be a result of being particularly sensitive to privacy issues or because good privacy practices are too rare.

This morning, I had an experience that is worth commenting upon. When I was in Toronto for the Canadian IT Law Association's conference, I stayed at Le Royal Méridien King Edward where the conference was held. I didn't get a copy of my invoice when I checked out (or maybe I did and its in one of the piles of paper that I brought back from the conference). So I faxed the hotel this morning asking for a copy to be faxed back to me. My request was on letterhead and duly signed. But the hotel, just to be sure, called me directly and asked a couple of questions to make sure I was who I purported to be. It cost them time and long distance charges, but suggests that they take this stuff seriously. Which makes me feel better.

This is what I advise my hotel clients to do and I'm glad that the King Eddy is following someone else's sage advice.

McKennitt injunction in the Court of Appeal

I blogged some time abo about Loreena McKennitt's successful bid in the UK High Courts to have an unflattering book pulled from shelves (Canadian Privacy Law Blog: Canadian folk singer opens the door to expanded privacy for celebrities in Europe ). Now the story is back in the news as she takes the battle to the Court of Appeal:

Canadian singer's privacy case back in London court Entertainment Entertainment News Reuters.co.uk:

Tue Nov 21, 2006 4:28 PM GMT

LONDON (Reuters) - Canadian singer Loreena McKennitt's action to prevent details of her life appearing in a book by a former friend was challenged in court on Tuesday, the second case this week that could influence English privacy law.

She won a High Court ruling in London last year in which the judge prevented the disclosure of details of her private life in a book by Niema Ash called "Travels With Loreena McKennitt".

Ash and the book's publishers, Purple Inc Press, are seeking to overturn the ruling in the Court of Appeal, arguing that it struck a "triple whammy" against freedom of expression.

A successful appeal could pave the way for the book to go back on sale -- about 300 copies were sold before it was withdrawn from shelves.

On Monday, celebrity magazines OK! and Hello! took their protracted row over photographs of the 2000 wedding of Michael Douglas and Catherine Zeta-Jones to the House of Lords, the upper house of Parliament which is also England's highest court.

That case is also being closely watched for which side the lords favour -- the celebrities and OK! magazine, who had an exclusive deal for the photographs, or Hello! which published unauthorised "spoiler" images of the event.

Legal experts say protecting people's private lives is one of the areas of the law most affected by the introduction of human rights legislation six years ago.

David Price, lawyer for Ash and Purple, told the court that considerable uncertainty surrounded privacy laws in the country.

"There is a perception that the law relating to breach of confidence and misuse of private information is in a state of some uncertainty," he said. "This uncertainty is undesirable. It has a chilling effect on freedom of expression."

He said the original judgement in McKennitt's favour set a "low hurdle" on what qualified as private information and a difficult and restrictive test for justifying information that is private.

He said it blurred the distinction between defamation and privacy which was a "particular concern for book publishers".

The court ruled last year that McKennitt was entitled to an injunction restricting publication of passages of the book which fell into categories including personal relationships, emotional vulnerability and her feelings for her late fiancé who drowned.

PIPEDA Hearings - day two

Michael Geist has posted notes taken by Kathi Simmons and Shiran Sabari at the second day of the PIPEDA hearings: Michael Geist - PIPEDA Hearings - Day 02 (B.C. Privacy Experts).

Update (20070118): For links to the full hearing transcripts, go to: Canadian Privacy Law Blog: PIPEDA Review Transcripts.

Simmer down in the streets of Groningen

Apparently technology now exists to tell if people are talking in an aggressive way. Wired News is reporting that the city of Groningen is doing a pilot project that involves installing microphones in the streets to detect if people are yelling angrily so that cops can be summoned. See: Listening Post. I guess you'd have all problems solved if you combine this with a gunshot detector (The Canadian Privacy Law Blog: Surveillance technology cleans up the streets of NJ town) and a tweak to catch conspiratorial whispering.