Tuesday, August 4, 2009

Privacy Slipping Away?

It always happens; you are in a rush and person ahead of you in Walmart is buying a chocolate bar with a debit card. They scan their debit card, then the paper prints and after the signing and the transaction is complete you are tempted to scream! Of course, it’s perfectly ok to use a debit card for anything at all and the government is glad of it as it has the effect of limiting the underground (non-tax paying) economy.

But there is a more significant issue at stake.

Every time you scan your debit card for a purchase another electronic notation of who you are and what you are doing is created. Every time you use a 407 or a loyalty points card at a drug store or a hotel you are letting someone know where you are and where you have been. Now perhaps that’s not an issue for the specific transaction (who cares if you bought a chocolate bar last Wednesday?) but over time a significant portfolio of who you are and what you do is created. Popular novels have been written about data mining where commercial companies collect information about individuals from thousands of sources—credit cards, loyalty programs, employment and banking records, government filings, and many more—then analyze and sell the data. The specter of Big Brother is among us.

That said, there are protections in law for your privacy.

In Canada, federal and provincial laws regulate the collection, use and storage of personal information by businesses. Canada has two federal privacy laws: the Privacy Act, and the Personal Information Protection and Electronic Documents Act (PIPEDA). The Freedom of Information and Protection of Privacy Act applies to Ontario’s provincial ministries and most provincial agencies, boards and commissions, as well as community colleges, universities and does not really apply to commercial businesses.

PIPEDA gives individuals the right to see and correct any personal information about them collected by companies as part of their ongoing business. Specifically businesses must inform consumers of who is collecting the information, why the information is being gathered, and for what purposes it will be used.

Under PIPEDA, personal information can be collected about you only as long as it is:

Gathered with the knowledge and consent of the consumer

Collected for a reasonable purpose

Used only for the reasons for which it was gathered

Accurate and up to date

Open for inspection and correction by the consumer


If PIPEDA is breached the Privacy Commissioner of Canada is entitled to investigate. The Privacy Commissioner has the authority to investigate complaints regarding privacy issues—and also to publish the results of the investigation. This power generally has the effect of leading to resolutions of complaints. However, if an individual is still not satisfied they can bring a case to the Federal Court. If the Court rules that an organization has contravened the law, it must correct its practices. The Court can also award damages if warranted.

While we have to be cautious about revealing personal information too widely, there are protections in law for our privacy.

3 comments:

The Rat said...

I teach networking as a sideline and I love telling the Tom Wappel story (but I do make it apolitical). You know the story where Tom denied help to a constituent because he didn't vote for good ol' Tom? And how did Tom know the contents of the old codger's private ballot? Why, he answered truthfully when the Liberal canvasser called and asked if Tom could count on his vote. Yes, government/politicians will use your information against you if they can.

The data gathered by those cards can easily be used to build an individual profile that can peg with high confidence things like your sexual orientation, your political affiliation, whether you're faithful to you wife, and lots more. Be afraid of what government might do with that data.

James C Morton said...

Agreed to that Rat!!!

Anonymous said...

If I'm giving someone value by letting them know my spending habits so that they can run a better company, I want something for it. I'll take some HBC points, or some Airmiles please. Conversely, Safeway wants me to use their "club card", so get the info, and claims that they're giving me special deals, but they aren't special to me. the "deals" are the same as every other grocery store out there. So, I don't shop Safeway. Points for info. Want me to fill in a survey? I only say yes when I'm offered something. My opinions, information are valuable.