The document lists some
safeguards for preventing
abuse, such as clear limitation
on what customer information
can be obtained and require-
ment of regular audits. The list
did not include the need for a
court order with CNA information requests.
Although this lawful access
proposal seemed to be limited
to information pertaining to the
name, address, e-mail address,
telephone and cellphone numbers
of particular customers and not
on the content of communication
or Web activity, such information
could still be detrimental to
Canadians’ privacy, said Philippa
Lawson, executive director at
Ottawa-based Canadian Internet
Policy and Public Interest Clinic
(CIPPIC).
“Quite often, the police will
be starting with a lot of content
and what they want to do is
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match that content with an
individual,” Lawson said.
Until recently, the Liberal-led
lawful access proposal was
shelved following a change in
leadership in Ottawa in favour
of the Conservative Party’s
minority government. The
incumbent government seems
to have taken up the issue with
Public Safety Canada initiating
public consultations.
Lawson said the safeguard
for lawful access must involve
reasonable ground to suspect
criminal activity. “They’ve got
all sorts of minor safeguard
that they are proposing and
those are all important…but
they don’t substitute for the
fundamental safeguard of
having reasonable ground to
suspect criminal activity before
you went ahead with these
investigations.”
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The Information Technology
Association of Canada (ITAC),
meanwhile, welcomes the
consultation process around the
lawful access issue.
“New technologies should not
prevent law enforcement from
doing their work…at the same
time new technologies should
not diminish privacy protection and other protection of
the public and our customers,”
said ITAC president Bernard
Courtois.
Under the current environment, service providers are
typically cooperating with law
enforcement units in providing
information as long police
authorities are able to show the
urgency of a criminal activity.
Courtois stressed, however,
that a court order should be
required for requests that fail to
show criminal urgency.
“We think that to the extent
that it’s personal information
and it’s not public, there should
be safeguards, and maybe (law
enforcement agencies) should
go through the courts,” the
ITAC executive said, adding
that the consultations would
help stakeholders agree on
what the best rule should be
around the lawful access issue.
