Ottawa, January 29, 2003 - The Privacy Commissioner of Canada,
George Radwanski, today tabled his 2001-2002 Annual Report to Parliament, in which he issues a "solemn and urgent warning" that the Federal Government
is on a path that threatens to wipe out key privacy rights and, with
them, important elements of freedom as we know it.
Key points made by the Commissioner in his Annual Report include the
following:
- "The Government is, quite simply, using September 11
as an excuse for new collections and uses of personal information about
all of us Canadians that cannot be justified by the requirements of
anti-terrorism and that, indeed, have no place in a free and democratic
society."
- "I have never once raised privacy objections against
a single actual anti-terrorist security measure... I have objected
only to the extension of purported anti-terrorism measures to additional
purposes completely unrelated to anti-terrorism, or to intrusions on
privacy whose relevance or necessity with regard to anti-terrorism has
not been in any way demonstrated. And still the Government is turning
a resolutely deaf ear."
- "Specifically, I am referring to: the Canada Customs
and Revenue Agency's new "Big Brother" passenger database;
the provisions of section 4.82 of Bill C-17; dramatically enhanced state
powers to monitor our communications, as set out in the "Lawful
Access" consultation paper; a national ID card with biometric
identifiers, as advanced by Citizenship and Immigration Minister Denis
Coderre; and the Government's support of precedent-setting video
surveillance of public streets by the RCMP."
- "The CCRA's database introduces the creation of
personal information dossiers on all law-abiding citizens for a wide
variety of investigative purposes. Section 4.82 of Bill C-17 requires,
for the first time, de facto mandatory self-identification to the police
for general law enforcement. The "Lawful Access" paper advocates
the widespread monitoring of our communications activities and reading
habits. A national ID card would remove our right to anonymity in our
day-to-day lives. The RCMP's video surveillance constitutes systematic
observation of citizens by the police as we go about our law-abiding
business on public streets."
- "Now I am informing Parliament that there is every appearance
that governmental disregard for crucially important privacy rights is
moving beyond isolated instances and becoming systematic. This puts
a fundamental right of every Canadian profoundly at risk. It is a trend
that urgently needs to be reversed."
- "The situation is made all the more worrisome by the
fact that the Government is doing all this in blatant, open and repeated
disregard of the concerns that it is my duty to express as the Officer
of Parliament mandated to oversee and defend the privacy rights of all
Canadians... If the Government can, with impunity and without provoking
the strongest response from Parliament, simply brush aside the Privacy
Commissioner's warnings and do as it pleases, then privacy protection
in this country will be progressively weakened, and worse and worse
intrusions will be inevitable."
- "Regrettably, this Government has lost its moral compass
with regard to the fundamental human right of privacy."
- "If someone intrudes on our privacy - by peering
into our home, going through the personal things in our office desk,
reading over our shoulder on a bus or airplane, or eavesdropping on
our conversation - we feel uncomfortable, even violated. Imagine,
then, how we will feel if it becomes routine for bureaucrats, police
officers and other agents of the state to paw through all the details
of our lives: where and when we travel, and with whom; who are the friends
and acquaintances with whom we have telephone conversations or e-mail
correspondence; what we are interested in reading or researching; where
we like to go and what we like to do."
- "A popular response is: "If you have nothing to
hide, you have nothing to fear." By that reasoning, of course,
we shouldn't mind if the police were free to come into our homes
at any time just to look around, if all our telephone conversations
were monitored, if all our mail were read, if all the protections developed
over centuries were swept away. It's only a difference of degree
from the intrusions already being implemented or considered."
- "We must guard against falling prey to the illusion
that wholesale erosion of privacy is a reasonable, necessary or effective
way to enhance security. We must guard against the demonstrated tendency
of the Government to create new databases of privacy-invasive information
on justified, exceptional grounds of enhancing security, and then seek
to use that information for a whole range of other law enforcement or
governmental purposes that have nothing to do with anti-terrorism -
simply because it's there. And we must guard against the eagerness of
law enforcement bodies and other agencies of the state to use the response
to September 11 as a Trojan horse for acquiring new invasive powers
or abolishing established safeguards simply because it suits them to
do so."
- "Even with the help and support of my provincial and
territorial colleagues, other privacy advocates and many thoughtful
members of the news media - to all of whom I am profoundly grateful
- as an ombudsman I do not have the power to stop what the Government
is doing in its unprecedented assault on privacy. That power lies in
Parliamentary insistence and public outcry. It is my hope that these
will be exercised with the greatest urgency."
- 30 -
The Commissioner's 2001-2002 Annual Report to Parliament is available
on-line at www.priv.gc.ca
and in hard copy via the Parliamentary Press Gallery. For more information,
please contact Anne-Marie Hayden, Media Relations, Office of the Privacy
Commissioner of Canada, tel: (613) 995-0103 or e-mail: ahayden@priv.gc.ca