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Ontario privacy czar calls for more government accountability

The federal government and the countryโ€™s electronic spy agency,ย the Communications Security Establishment Canada (CSEC), must do more to answer questions about the information they are collecting on Canadians in the digital realm and how that information is used and retained, Ontarioโ€™s Information and Privacy Commissioner saysย in her annual report.

Ann Cavoukian calls on Canadians to hold government leaders to account in response to the government surveillance revelations brought to light byย ex-NSA contractor Edward Snowden. The report describes CSEC as operating with โ€œeven fewer checks and balancesโ€ than the National Security Agency (NSA). The CSEC spying threatens Canadiansโ€™ privacy and citizens deserve answers on just how far the agency has gone to ensure security and the full extent to what it is capable of.

โ€œThe public sector has a greater obligation to protect privacy,โ€ Cavoukian said in a phone interview. โ€œCertainly we have to ensure our governments are protecting citizensโ€™ privacy.โ€


Cavoukian also levelled criticism against provincial and municipal level government in Ontario in her report.

She specifically called out the transgressions of CSEC, a federal agency, because of the request from the federal Office of the Privacy Commissioner that provincial privacy commissioners chip in to help combat government surveillance shortly after Snowdenโ€™s leak of the NSAโ€™s PRISM program.

โ€œWhen it comes to the stateโ€™s power to conduct surveillance, critical privacy protections must include independent court supervision of intrusive powers. Right now, the only form of public accountability and transparency for CSEC rests on an obtuse, after-the-fact, single annual review, undertaken by a single individual with a small staff. This is woefully inadequate for programs which may affect the personal freedoms of all Canadians,โ€ states the report.

In January, a document leaked by Snowden revealed that CSEC, Canadaโ€™s electronic spying agency, tracked wireless devices of Canadians during visits to major airports and for days afterwards. Using the WiFi networks available at airports, CSEC scoured the metadata of Canadiansโ€™ personal devices โ€“ which could reveal location, telephone numbers called or answered, and the type of device used. Since then, the British Columbia Civil Liberties Association has filed a class-action lawsuit against CSEC for spying on Canadians and made a separate request that declares CSEC infringed on Canadiansโ€™ Charter rights.

In May, the federal Privacy Commissionerโ€™s Office wrote an open letter to Treasury Board President Tony Clement expressing concern about the number of government institutions collecting publicly available data from social media websites. The interim commissioner at the time raised concerns the collection of the information was not related to any specific program, or checked for accuracy, and called on the Treasury Board to develop specific guidelines for the collection, use and dissemination of information.

โ€œWe simply donโ€™t know what theyโ€™re doing in accessing peopleโ€™s personal information,โ€ Cavoukian says. โ€œThis is not something we can tolerate in a free society.โ€

Cavoukian is calling on Canadians to question their MPs about how CSECโ€™s power is being kept in check. She is also asking Canadians to sign an online petition hosted by OpenMedia.ca to hold the government to account.

This is Cavoukianโ€™s last annual report. She will become executive director at Ryerson Universityโ€™s new Institute of Privacy and Big Data.

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