More privacy, please
National Post --Editorial--January 02, 2001
When we provide information to the government, credit card companies, Internet merchants and family doctors, we do so on the assumption that the data will be used only for narrow, stated purposes, and will not be made available to third parties. Unfortunately, not all of the companies and agencies to whom we divulge our private information are as careful or scrupulous as we hope and expect. And thanks to modern information technology, a single keystroke can make our medical history or confidential financial information accessible to the public.
But from Jan. 1 onward, the privacy of Canadians has been protected by law. In April, after many years of legislative back-and-forth, Royal Assent was given to the Personal Information and Electronic Documents Act. Under its provisions, organizations that collect personal data will be forbidden from using it for anything other than the purpose stated at the time it was collected.
At first, the law will be limited to federally regulated industries, like airlines, banks and telecommunications companies, and to any business that transfers personal information files -- such as mailing lists and customer profiles -- across provincial borders. But beginning in 2002, it will be extended to cover health information that is used in the private sector or that crosses borders. By 2004, all other organizations, including businesses, will be covered. The protection of personal data is on its way to becoming a basic right.
But the new law falls short in one crucial area: It does not cover government agencies, nor does it protect health records collected by Ottawa and the provinces. While most government data is collected for good reasons, opportunities for misuse abound.
Last year, for instance, it was revealed that Ottawa was running a database containing as many as 2,000 pieces of information on every Canadian. While collecting such information is legal, the secretive manner in which the data had been gathered was worrying. In fact, the federal government had denied for years that such a large database even existed; and when word of it leaked out, it was quickly shut down. Provincial information-gathering is also worrying. Recently, the Ontario government tabled controversial legislation that would let bureaucrats, researchers and police officers use confidential medical information without first receiving the consent of patients. Other provinces are considering similar laws.
Canada's new legislation is a step in the right direction. But governments are at least as great a threat to privacy as private parties since the state can compel people to provide information in a way no business can, and this data is often far more sensitive than credit card buying habits. Our protections are incomplete and Ottawa should bring itself under the aegis of the privacy law. |
