The Sunday Chronicle Herald has two articles on the increasing use of video surveillance by police and private organizations in Halifax. They are interesting reading, but what I find most interesting is that this is the first time that I've seen any dicussion of how the police manage the feeds and access to recordings. Check them out:

• Eyes in the sky - Nova Scotia News - TheChronicleHerald.ca
• Wireless cameras add to police toolbox - Nova Scotia News - TheChronicleHerald.ca

  The cameras in place now are not monitored all day long, although they are recording, Supt. Moore said. The images are automatically deleted if there’s no request to see them within 14 days.

  The department used guidelines from the province’s Freedom of Information office as well as the federal Office of the Privacy Commissioner to develop its guidelines for using the images, he said.

  All viewing requests are made to him and only he and his technical staff have access to the recordings.

  "They’re very much locked down and once they’re collected, there’s a formalized process for someone looking to go in and find these images," he said.

  Supt. Moore said police haven’t used video from those downtown cameras to solve "big" crimes – yet.

  "We are still optimistic that it will, but to date it has not been pivotal," he said.

Any discussion of the policies regulating the use of video surveillance is a good thing, and better late than never.

Labels: law enforcement, police, privacy, video surveillance

The federal, provincial and territorial Privacy Commissioners meeting together in St. John's have issued a statement calling for "caution" on the expansion of investigative powers proposed by the conservative government.

They issued the following media release, referring to resolutions available on the federal Commissioner's website:

Privacy commissioners urge caution on expanded surveillance plan

ST. JOHN'S, Sept. 10 /CNW Telbec/ - Parliament should take a cautious approach to legislative proposals to create an expanded surveillance regime that would have serious repercussions for privacy rights, say Canada's privacy guardians.

Privacy commissioners and ombudspersons from across the country issued a joint resolution today urging Parliamentarians to ensure there is a clear and demonstrable need to expand the investigative powers available to law enforcement and national security agencies to acquire digital evidence.

The federal government has introduced two bills aimed at ensuring that all wireless, Internet and other telecommunications companies allow for surveillance of communications, and comply with government agency demands for subscriber data - even without judicial authorization.

"Canadians put a high value on the privacy, confidentiality and security of their personal communications and our courts have also accorded a high expectation of privacy to such communications," says Jennifer Stoddart, the Privacy Commissioner of Canada.

"The current proposal will give police authorities unprecedented access to Canadians' personal information," the Commissioner says.

The resolution is the product of the semi-annual meeting of Canada's privacy commissioners and ombudspersons from federal, provincial and territorial jurisdictions across Canada, being held in St. John's.

The commissioners unanimously expressed concern about the privacy implications related to Bill C-46, the Investigative Powers for the 21st Century Act and Bill C-47, the Technical Assistance for Law Enforcement in the 21st Century Act. Both bills were introduced in June.

"We feel that the existing legal regime governing interception of communications - set out in the Criminal Code and carefully constructed by government and Parliament over the decades - does protect the rights of Canadians very well," says Ed Ring, the Information and Privacy Commissioner for Newfoundland and Labrador and host of the meeting.

"The government has not yet provided compelling evidence to demonstrate the need for new powers that would threaten that careful balance between individual privacy and the legitimate needs of law enforcement and national security agencies."

The resolution states that, should Parliament determine that an expanded surveillance regime is essential, it must ensure any legislative proposals:

• Are minimally intrusive;
• Impose limits on the use of new powers;
• Require that draft regulations be reviewed publicly before coming into force;
• Include effective oversight;
• Provide for regular public reporting on the use of powers; and
• Include a five-year Parliamentary review.

At the meeting in St. John's, the commissioners and ombudspersons also passed a resolution about the need to protect personal information contained in online personal health records.

The resolution emphasizes the importance of empowering patients to control how their own health information is used and shared. For example, it calls for developers of personal health records to allow patients to gain access to their own health information, set rules about who else has access, and to receive alerts in the event of a breach.

"Personal health records have the potential to deliver significant benefits for patients and their health care providers. However, given the highly sensitive personal information involved, developers need to ensure they build in the highest privacy standards," says Commissioner Ring.

Both resolutions are available on the Privacy Commissioner of Canada's website, http://www.priv.gc.ca/.

The resolutions are here:

• “Protecting Privacy for Canadians in the 21st Century” – Resolution of Canada’s Privacy Commissioners and Privacy Enforcement Officials on Bills C-46 and C-47
• “The Promise of Personal Health Records” – Resolution of Canada’s Privacy Commissioners and Privacy Enforcement Officials

Labels: criminal law, health information, law enforcement, lawful access, lawful authority, police, privacy, surveillance

Halifax Police plan to augment their network of surveillance cameras with hidden cameras in public places. Law abiding citizens have nothing to fear, according to the Mayor. Besides, the Mayor says, people are used to being surveilled on private property. What he doesn't seem to get is that private property is "private" property that you enter on the terms set out by the property owner. Public places do not have those stipuations. Or at least they shouldn't.

From the Halifax Chronicle Herald:

Police plan more camera surveillance - Nova Scotia News - TheChronicleHerald.ca

Halifax police intend to step up camera surveillance in public places, the city’s police chief said Tuesday.

Chief Frank Beazley said Halifax Regional Police officers will be using portable digital equipment in the near future to record images at "hot spots" in the municipality and public gatherings like rock concerts.

He told a city hall budget meeting the new gear won’t need to be installed — the police department already has fixed cameras at several locations — because police personnel will simply arrive at a potential trouble spot with cameras and leave with the pictures they’ve collected.

Mayor Peter Kelly supports more secret camera use at different sites. He said cameras tracking public goings-on are already a fact of life here and in other cities.

Asked if extra police snooping is an invasion of privacy, Mr. Kelly said law-abiding citizens have nothing to fear.

"For those who cause concern for others, you’ll have things to worry about," the mayor said, adding, additional surreptitious camera work will hopefully lead to crime prevention and the arrests of lawbreakers.

Mr. Kelly said people are routinely photographed on private property, such as banks, stores, parking lots and elsewhere, and the police plan to beef up surveillance at common areas used by many people makes sense.

Chief Beazley acknowledged the enhanced camera gear will be used at various locations throughout the city.

"If we have a hot spot — there’s crime going on in certain areas — we’re going to be able to take these mobile cameras and surreptitiously (use) them" without the knowledge of those being photographed, he told regional council’s committee of the whole.

Metro has seen a month of violent crime, including three murders. The most recent shootings in the city occurred Friday night and Saturday afternoon. Nobody was killed in either attack.

Saturday’s shooting took place at a house in a residential neighbourhood in Fall River, prompting RCMP to say police are concerned an innocent bystander could get hurt, or worse.

Labels: law enforcement, nova scotia, police, privacy, surveillance, video surveillance

The federal government introduced legislation in Parliament to "modernize" criminal procedure in Canada. What it means, among other things, is that police will get the authority to fingerprint suspects even before charges are laid. Bill C-31 amends the Identification of Criminals Act (but oddly doesn't rename it the Identification of Criminals and People We Don't Have Enough Evidence to Charge Act).

From the DOJ:

Minister of Justice Moves to Modernize Criminal Law Procedure in Canada

OTTAWA, May 15, 2009 – The Honourable Rob Nicholson, P.C., Q.C., M.P. for Niagara Falls, Minister of Justice and Attorney General of Canada, today introduced in the House of Commons an Act to Amend the Criminal Code and other federal legislation, which will modernize criminal procedure and make the justice system more efficient and effective.

“Crime is constantly evolving in Canada so it is crucial that our criminal justice system evolves with it,” said Minister Nicholson. “With these amendments, our Government is taking action to help ensure the safety and security of our communities. It is the latest step in our continuing commitment to tackling crime.”

Proposed amendments in the legislation include:

Creating a new offence to help prevent individuals from fleeing a province or territory in order to avoid prosecution;

Streamlining the identification process in police stations by allowing the fingerprinting and photographing of persons in lawful custody who have not yet been charged or convicted of specific offences;

Improving the application procedure for search and seizure warrants by providing both peace and public officers with greater access to telewarrants;

Enhancing the expert witness process to allow parties more time to prepare their response to expert evidence in criminal matters;

Updating rules related to the use of “agents” (non-lawyers) in criminal proceedings, to provide the provinces with greater flexibility on this issue and ensuring better representation of accused individuals by agents; and,

Expanding the list of permitted sports covered under the current prize fighting provisions, and updating Canada’s pari-mutuel betting system.

“Our provincial and territorial partners have been instrumental in helping us identify and review a number of evolving issues in criminal law across Canada,” said Minister Nicholson. "This bill will increase the effectiveness of the justice system in a number of ways, including giving peace and public officers greater access to warrants relating to search and seizure, and helping address the issue of those who evade justice by travelling to other jurisdictions.”

Here's some media coverage:

Canada wants to fingerprint first - UPI.com

OTTAWA, May 17 (UPI) -- The Canadian government wants to give police the power to fingerprint and photograph suspects who have been arrested and not formally charged.

Justice Minister Rob Nicholson announced legislation Friday, The Toronto Globe and Mail reported. He said that Canada needs to bring its justice system up to date.

"Crime is constantly evolving in Canada so it is crucial that our criminal justice system evolves with it," Nicholson said in a statement.

The Conservative government described the plan as something that would help suspects as well as police by speeding up processing so that they might end up spending less time in police custody.

But one prominent defense lawyer in Toronto opposes the plan.

"Providing fingerprints is self-incrimination and the Constitution protects us from this. The line that is drawn is when you are charged. And to allow police to compel you to incriminate yourself before that moment is open to abuse," Clayton Ruby said.

Labels: criminal law, police, privacy