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.
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.
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.
Thursday, April 24, 2008
I reported last month that the Information and Privacy Commissioner has issued a report on the proposal to dramatically increase video surveillance on public transit in Toronto. (Canadian Privacy Law Blog: Ontario Commissioner releases detailed report on TTC surveillance cameras)
InterGovWorld.com has an extensive article on the Commissioner's suggestion that reversible faceblurring technology may make the system more palatable. I spoke with the author, Rosie Lombardi, at length on the topic who has done a good job of summing up my take on the topic:
More privacy-boosting technology begets more video surveillance... A point that's often overlooked is that privacy legislation is ultimately about feelings, says David TS Fraser, a privacy lawyer at Halifax-based law firm McInnes Cooper. "Although the legislation is written in a way that talks about personally identifiable information and identity theft, it's ultimately designed to protect people's sensibilities about unwanted intrusions," he says.
PET technology may not be enough to address those sensibilities unless the rules governing the use of surveillance are stated. "While the technology may do a good job of limiting the actual intrusions, I'm not sure it does much to address people's feelings about being watched. Unless the policies and procedures around surveillance are clearly communicated, it won't diminish that visceral feeling of unease about being spied upon."
Fear of the unknown is at the core. "If you see a cop at a corner, you can tell from his uniform who he is, what he's looking at, and if you've aroused his suspicions," he says. "But a camera is completely faceless. You don't know who's watching and how the information captured is used - will it wind up on late-night television?"
He notes a significant number of videos in these shows displaying people caught in embarrassing situations come out of Britain, where an extensive network of cameras in public places is rousing a public backlash. Cavoukian noted in her report that U.K. camera operators have caught entertaining themselves by zooming in on attractive women. "If you're going to outsource surveillance to a bunch of badly-paid guys locked in dark rooms, they're going to see more bums than bombs," agrees Fraser.
He concedes that automating the enforcement of policies and procedures around surveillance with PET technology rather than relying on fallible human operators to refrain from misusing the information offers some comfort. But he warns this may have the unintended effect of increasing video surveillance. "Unfortunately, this stuff makes it more acceptable to put video cameras all over the place, and by making it better and safer with less intrusive technology, it may ironically lead to more surveillance."
Labels: media-mention, ontario, privacy, surveillance, vanity, video surveillance
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