The Canadian Privacy Law Blog: Developments in privacy law and writings of a Canadian privacy lawyer, containing information related to the Personal Information Protection and Electronic Documents Act (aka PIPEDA) and other Canadian and international laws.
The author of this blog, David T.S. Fraser, is a Canadian privacy lawyer who practices with the firm of McInnes Cooper. He is the author of the Physicians' Privacy Manual. He has a national and international practice advising corporations and individuals on matters related to Canadian privacy laws.
For full contact information and a brief bio, please see David's profile.
The views expressed herein are solely the author's and should not be attributed to his employer or clients. Any postings on legal issues are provided as a public service, and do not constitute solicitation or provision of legal advice. The author makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained herein or linked to. Nothing herein should be used as a substitute for the advice of competent counsel.
This web site is presented for informational purposes only. These materials do not constitute legal advice and do not create a solicitor-client relationship between you and David T.S. Fraser. If you are seeking specific advice related to Canadian privacy law or PIPEDA, contact the author, David T.S. Fraser.
Monday, November 12, 2007
In a speech to a conference on GEOINT, Donald Kerr (principal deputy director of national intelligence) called for a redefinition of what is privacy. And his definition excludes the concept of anonymity.
The speech is worth a read as it contains such nuggets:
And that leads you directly into the concern for privacy. Too often, privacy has been equated with anonymity; and it’s an idea that is deeply rooted in American culture. The Long Ranger wore a mask but Tonto didn’t seem to need one even though he did the dirty work for free. You’d think he would probably need one even more. But in our interconnected and wireless world, anonymity – or the appearance of anonymity – is quickly becoming a thing of the past.
Anonymity results from a lack of identifying features. Nowadays, when so much correlated data is collected and available – and I’m just talking about profiles on MySpace, Facebook, YouTube here – the set of identifiable features has grown beyond where most of us can comprehend. We need to move beyond the construct that equates anonymity with privacy and focus more on how we can protect essential privacy in this interconnected environment. Protecting anonymity isn’t a fight that can be won. Anyone that’s typed in their name on Google understands that. Instead, privacy, I would offer, is a system of laws, rules, and customs with an infrastructure of Inspectors General, oversight committees, and privacy boards on which our intelligence community commitment is based and measured. And it is that framework that we need to grow and nourish and adjust as our cultures change.
I think people here, at least people close to my age, recognize that those two generations younger than we are have a very different idea of what is essential privacy, what they would wish to protect about their lives and affairs. And so, it’s not for us to inflict one size fits all. It’s a need to have it be adjustable to the needs of local societies as they evolve in our country. Eventually, we can only hope that people’s perceptions – in Hollywood and elsewhere – will catch up.
Our job now is to engage in a productive debate, which focuses on privacy as a component of appropriate levels of security and public safety. This is work that the Office of the DNI has started to do, and must continue and make a high priority. This careful balance we need to strike, however, is nothing new. With the advent of telephones, we entered a new frontier that required careful balancing between safety and privacy. We faced this challenge again at the end of the ’70s in the aftermath of the Church-Pike Hearings. And now, in the era of new technologies, we have to work to continue to keep that balance, to earn that trust, and re-earn it every day through our actions. But we also have to be willing to reopen the laws and regulations that were based on technologies that existed 1978 and adjust them to the realities of 2007 and 2008.
For some reaction to the speech, see: The Associated Press: Definition Changing for People's Privacy and US intelligence honcho channels Orwell, redefines privacy - Boing Boing.
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