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Identity Cards in Canada |
What About the Right to Privacy?
Do technological advances mean giving up our privacy rights?
The most serious objection to national identity cards is the threat they pose to our
privacy. Early common law only gave protection for the “right to life” – the right to
be free from physical harm. Over time, this evolved into the right to enjoy life, which
includes the right to privacy.
What is the Right to Privacy?
Canadians view privacy rights in several ways:
- The right to be left alone.
- The right to control what others know about us.
- The right to expect that information about us should be gathered only when it serves
a specific purpose, and should be used only for that purpose.
- A social value that is shared by the rest of the community.
Current Privacy Legislation
Canadians are protected by two pieces of federal privacy legislation. The 1983 Privacy
Act places limits on the collection, retention, and disclosure of personal information
by the federal government. It gives citizens and permanent residents the right to access
their personal information and to request a change if they feel the information is inaccurate.
Since January 2001, Canadians have also been protected by the Personal Information
and Electronic Documents Act. The Act protects how personal information about individuals
is used in federally regulated areas of the private sector, including personal health
information. By 2004 the Act will cover commercial activity by provincially regulated
organizations.
Modern Technology
Recent technological advances threaten our right to privacy. Video cameras track our
movements as we shop or walk along the streets; employers use specialized software to
monitor our email messages and Internet use on the job.
This technological explosion is weakening the right to privacy as a social value. Increasingly,
some see giving up privacy rights as the price that must be paid in an electronic age
for the sake of efficiency and the safety of the community.
However, up until this point data has been collected in an unorganized manner. Whether
it’s the grocery store providing customers with “loyalty cards,” or a credit card company
recording our purchases, the data is being collected by a number of different entities.
With a multipurpose, National ID card, there exists the real possibility of creating
a database where all sensitive information about an individual – from travel to health
and banking information – can easily be tracked. Many people would consider this an
unacceptable violation of their privacy. Unfortunately, current privacy legislation
doesn’t provide much protection against it. Under the 2001 Act, businesses and organizations
have the right to collect, use or disclose personal information “for purposes that a
reasonable person would consider appropriate under the circumstances.” If national identity
cards are implemented, it would probably be considered appropriate for businesses and
organizations to demand that customers and employees use them.
However, supporters of the cards point out that they can actually increase personal
privacy by helping prevent identity fraud.
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