Times Colonist (Victoria), Page A09, 11-May-2000

Technology raises privacy concern
By Rick Kasper and John Weisbeck

On April 13, the federal Personal Information Protection and Electronic Documents Act became law in Canada. On Jan. 1, 2001, this legislation will protect personal information held in the federally regulated private sector. After three years, this federal law will also regulate personal information in the provincially regulated private sector in provinces that have not passed ``substantially similar'' legislation.

B.C. currently has no laws protecting the personal information that private sector organizations collect, use and disclose.

A special legislative committee has been established in B.C. to explore, in consultation with the public and key stakeholders, the potential regulation and oversight of informational privacy in the private sector. At the conclusion of its investigations, the committee will make recommendations to the house concerning the need for regulation, what form regulation should take, and the scope and content of any regulation that is recommended.

B.C. has been recognized as a leader in public sector privacy protection since the adoption of our public sector privacy law -- the Freedom of Information and Protection of Privacy Act (FIPPA). When the FIPPA came into effect in 1993, it contained stronger protections than most provincial privacy laws in Canada. It is widely accepted that privacy, the ability to control knowledge of one's private life, is necessary to human dignity. With the FIPPA, British Columbia recognized the need for individuals to preserve the boundary between themselves and the democratic social structures that they participate in.

However, the context has changed significantly. With the growth of the information economy, the private sector has multiplied its uses of personal information. Customer interface technologies have enabled businesses to increase their collection of personal information, while other information technologies have allowed business to link, analyse and disseminate consumer and client data with greater efficiency.

The privacy implications of new technologies have also helped to focus public discussion on the private sector uses of personal information more broadly. For example, some circumstances that have long affected the privacy of British Columbians as workers and as consumers of goods should also be examined:

  • You receive a "pre-approved'' credit card application in the mail from a company other than the company that granted your original credit card.
     
  • A job application form requires you to sign an agreement that you will undergo physical and medical examinations "at any time'' and that "the examining physician may disclose to the company or its representatives the results of such examinations."
     
  • You donate to a charity organization. A while later you find that other charities have added your name and telephone number to their solicitation list.
     
  • A rental application asks for your Social Insurance Number, bank account number, and credit card number.
     
  • A retailer asks for your name, address and telephone number when you make a purchase. Soon after, other companies begin sending you direct mail advertising for products related to your purchase.

We recognize that private sector organizations often require some form of personal information to effectively provide goods or services to customers or clients. For example, when applying for credit or a mortgage, renting an apartment, house or car, or filling a prescription, most people understand that they are providing their personal information for legitimate business purposes. Businesses can also legitimately use customer data to reduce fraud, to identify organizational inefficiencies, and to make business decisions in areas such as marketing and product development.

Regulatory oversight does not prevent business from using customer information where it is necessary to provide services or evaluate operations. What oversight does is ensure that businesses collect personal information only for legitimate business purposes, collect only the information they require, and are held responsible for protecting the privacy of the consumer or client the information is about. Oversight would also empower consumers and employees by requiring their consent for the collection, use and disclosure of their personal information in any transaction.

British Columbians now have an opportunity to tell the B.C. Legislative Assembly what they think about protecting the personal information held by the private sector.

The Special Committee on Information Privacy in the Private Sector is accepting written submissions from any individual or organization wishing to express their views. The committee is also considering further public meetings to hear from private sector stakeholders.

We encourage you to participate.

Rick Kasper is the New Democrat MLA for Malahat-Juan de Fuca and chairman of the Special Committee on Information Privacy in the Private Sector. John Weisbeck is the Liberal MLA for Okanagan East and the committee's deputy chairman.