The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.

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The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.

For full contact information and a brief bio, please see David's profile.

Please note that I am only able to provide legal advice to clients. I am not able to provide free legal advice. Any unsolicited information sent to David Fraser cannot be considered to be solicitor-client privileged.

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The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.

This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.

Sunday, January 18, 2004

Article: Ontario considering putting biometric data on drivers' licenses 

In an earlier post, I linked to an article which said Manitoba had abandoned plans to include biometric identifiers on drivers' licenses. It looks like Ontario is looking at going down the road of biometrics on licenses. This is from Friday's Globe and Mail:

The Globe and Mail (Friday, January 16, 2004 12:00 AM Page A8): "TORONTO -- Ontario's Liberal government is exploring the possibility of putting biometric identifiers such as fingerprints and iris scans on drivers' licences as part of a continent-wide effort to prevent identity theft.

'Security is our main concern,' Harinder Takhar, the province's Transportation Minister said yesterday, adding that his ministry is working with authorities in other jurisdictions to determine what sort of harmonization will eventually be necessary."

After reports of companies - such as bars - "scanning" licenses and keeping the data indefinitely, the privacy risks of encoding more data on licenses are huge.

See the following from the Nova Scotia Freedom of Information and Protection of Privacy Review Officer:

In another matter, a patron at a Halifax bar who was asked to show her driver's license to prove her age, objected when her card was taken and the information encoded on the back of the card swiped into a database. The bar said it did this to confirm the age of the patron. The patron went public with her complaint and the Review Officer was interviewed in the press to provide his views of this practice. He noted that it was proper for bars to ask for proof of age but inappropriate for them to enter the information into a database over which the patron has no control. The Review Officer has written to the manager to ask for more information about the use of the database.

This story was also reported in the Halifax Chronicle Herald on August 13, 2003. It is no longer available online, but has been reproduced and posted by John van Gurp (who has an interesting page highlighting the growing presence of privately owned video surveillance cameras in the public spaces of Halifax.) There are also more recent reports of a proposed project to photograph and scan ID from visitors to bars in downtown Vancouver.

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