Canada Wants To Shield Personal Data From Anti-Terror Law

Posted on Monday, December 12 at 13:01 by jensonj
Draft guidelines prepared for federal departments say that means U.S. officials could obtain information about Canadians through American firms or their affiliates, even if the data is located in Canada. "Although the risk of U.S. authorities using the USA Patriot Act in this way is minimal, that risk exists," say the guidelines, obtained by The Canadian Press. The federal Treasury Board led a working group to develop special clauses for inclusion in future business requests and contracts to lessen the risk. The draft guidance document suggests, in the interest of upholding Canadian privacy laws, that federal databases of sensitive personal information created by contractors be located in Canada and be accessible only within the country. http://cnews.canoe.ca/CNEWS/Canada/2005/12/11/pf-1348514.html [Proofreader's note: this article was edited for spelling and typos on December 12, 2005]

Note: http://cnews.canoe.ca/C...

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  1. Tue Dec 13, 2005 1:31 am
    Privacy concerns itself with the collection, use and disclosure of information.

    Information is a commodity that individuals, organizations and governments desire. As with all commodities, ownership is paramount in the determination of rights and responsibilities.

    If you cannot lay claim of ownership to information, then you cannot assert a right to protect, use or sell it. The
    right to claim an ownership interest over information has a long pedigree dating back to the origins of intellectual property law.

    Once your information has left Canada and has gone to a foreign country such as the United States of America you no longer have rights as to how your information is treated or used.

    You have no legal rights unless you are citizen of that country.

    It is my understanding that many U.S. based companies in Canada have their email sent through the United States then back into Canada. Under U.S. law all sent email must be stored for 10 years that is sent through and within the U.S.



    ---
    Perception is two thirds of what we perceive reality to be.

    Difficult decisions are a privilege of rank.

  2. Tue Dec 13, 2005 2:41 am
    An utterly useless "feel good" election ploy.

    The warrent to obtain such information is secret. Those served with the warrent and forced to provide the information at forced to keep it secret or face time in prison under anti-terrorist laws. Any company served with such a warrent that might be tempted to go against Bush and tell the Canadian government will NOT do so after this is passed. Why "do the right thing" if both the tresspasser and the victim will harm you for it?

  3. Tue Dec 13, 2005 2:47 am
    Am I the only one who reads it as - after they give away private information they will be punished? AFTERWARDS?!

    As long as the Americans keep the Patriot Act in action and all the paranoia behind it, as Canadians we should do more to keep our information out of their reach.

    How many innocent people need to be sent to black ops sites to be tortured because of an "oops"?

    In BC large swathes of our medical information could be grabbed. It is not so much the actual information like who got treated for herpes or whatever, but that they can take the information, and that it details people's age, financial information and residence. Being that the CIA has already been charged in absentia for grabbing someone on Italian soil, how long till they grab someone from Canada for an extra bit of loving?

    ---
    If there was ever a time for Canadians to become pushy - now is the time - for time is running out on this nation called Canada.

  4. Tue Dec 13, 2005 4:25 am
    This is exactly what CAP has been saying for some time. This is what we have been saying on vive, this is why we don't want to participate in the LM Census, and why we don't want our government jobs farmed out. B.C. is doing it and so are other provinces. They are sending the jobs to collect our health records etc, to U.S. companies.

    What is the matter with our government? They never asked us! But they are asking us during this election,and I hope people speak out loud and clear.

    ---
    If I stand for my country today...will my country be here to stand for me tomorrow?

  5. Tue Dec 13, 2005 6:40 am
    I think the views express here hold merit but at the same time I don’t think the U.S. Administration would allow any U.S. national living in Canada to be prosecuted for compiling with a U.S. Government order to assist, that being said, I do think that any Canadian citizen (Corporate Director or Business Manager included) found assisting or compiling to the commitment of such an act could be persecuted to the full extent of the law if a law was past.

    ---
    Perception is two thirds of what we perceive reality to be.

    Difficult decisions are a privilege of rank.

  6. Tue Dec 13, 2005 6:47 am
    Brief to the<br />
    British Columbia<br />
    Special Legislative Committee on<br />
    Information Privacy in the Private Sector<br />
    CANADIAN INSTITUTE FOR HEALTH INFORMATION<br />
    October 2000<br />
    <br />
    <a href="http://secure.cihi.ca/cihiweb/en/downloads/privacy_e_BCprivBrief.pdf">http://secure.cihi.ca/cihiweb/en/downloads/privacy_e_BCprivBrief.pdf</a><br />
    <br />
    <br />
    PRIVATE SECTOR PRIVACY LEGISLATION<br />
    &<br />
    EMPLOYEE INVESTIGATORS IN BRITISH COLUMBIA<br />
    By<br />
    Dean Parker Davison, BA, MBA<br />
    <br />
    <a href="http://www.asis-canada.org/education.htm">http://www.asis-canada.org/education.htm</a><br />
    <br />
    <p>---<br>Perception is two thirds of what we perceive reality to be.<br />
    <br />
    Difficult decisions are a privilege of rank.<br />

  7. Tue Dec 13, 2005 6:50 am
    Privacy and the USA Patriot Act<br />
    Implications for British Columbia Public Sector Outsourcing<br />
    <br />
    October 2004<br />
    Information & Privacy Commissioner for British Columbia<br />
    <br />
    <a href="http://www.oipcbc.org/sector_public/usa_patriot_act/pdfs/report/privacy-final.pdf">http://www.oipcbc.org/sector_public/usa_patriot_act/pdfs/report/privacy-final.pdf</a><p>---<br>Perception is two thirds of what we perceive reality to be.<br />
    <br />
    Difficult decisions are a privilege of rank.<br />

  8. Tue Dec 13, 2005 8:36 am
    Its a good thing you are here to respond to your own posts.

  9. Tue Dec 13, 2005 8:39 am
    >>I hope people speak out loud and clear.<<

    Did I mention that I just can't wait for them to do so?

    :-D

  10. Tue Dec 13, 2005 8:42 am
    >>after they give away private information they will be punished? AFTERWARDS?!
    <<

    Yeah, they should be punished BEFORE they do anything wrong... Right?

  11. Wed Dec 14, 2005 12:52 am
    Campbell had passed a similar law after he placed all of BC residents medical records in American's hands. There is no way to retrieve information already spent. Canadian Airline companies & security already have lists of people who are considered, by Americans, as a flight risk. A local man couldn't fly from BC to Ontario untill he was able to convince the Americans that he wasn't the one on their list. He couldn't attend his mothers funeral but hey! he's only Canadian living in his own country.



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