In this day and age of 24/7 online expanded connectivity and immediate access to digitized information, new analytic tools and algorithms now make it possible, not only to link a number with an identifiable individual, but also to combine information from multiple sources, ultimately creating a detailed personal profile of a personally-identifiable individual.
The introduction of Bill C-30, the so “lawful access” bill in Parliament, if passed in its original form, would provide police with much greater ability to access and track information about identifiable individuals via the communications technologies that we use every day, such as the Internet, smart phones, and other mobile devices, and at times, without a warrant or any judicial authorization. This represents a looming system of “Surveillance by Design,” that should concern us all in a free and democratic society.
Among the other concerns raised by the proposed bill:
- It would make it easier for the police to obtain judicial approval of multiple tracking warrants and production orders, to access and track e-communications.
- It would give the police new powers to obtain court orders for remote live tracking, as well as weaker suspicion-based orders (rather than a “reasonableness” standard) requiring telecommunication service providers and other companies to preserve and turn over date of interest to the police.
- It would require telecommunication service providers to build and maintain intercept capability into their networks for use by law enforcement, and would give the police warrantless power to access subscriber information – including IP addresses and personally-identifiable information, that goes far beyond address and phone number.
The legislation will substantially diminish the privacy rights of Ontarians and Canadians as a whole.
In addition, the proposed surveillance regime will have a substantial impact on law enforcement functions in Ontario, and the role of the Office of the Information and Privacy Commissioner of Ontario – expanding it without providing any additional resources. It relies on provincial and territorial privacy commissioners to audit police compliance with the provisions of the Bill relating to warrantless access to subscriber information. The Information and Privacy Commissioner of Ontario lacks the audit powers and resources necessary to fulfill the proposed duties.
These concerns have been brought to the attention of the federal Ministers of Public Safety and Justice, as well as the House of Commons Standing Committee on Public Safety and National Security and the Standing Committee on Justice and Human Rights.
