October 17, 2017
Senior associate Molly Reynolds told Law Times the lack of express rules requiring police to declare how they utilize “controversial surveillance techniques” places more of an onus on the private sector to protect the privacy rights of customers.
The article, published on October 16, discusses how police in Ontario use certain techniques “that can capture private data from large numbers of non-targets in a criminal investigation.” It says that because there are no formal requirements to make the data publicly available, there is no way to know exactly how it’s being used.
Molly told Law Times the private sector certainly had more responsibility to protect the privacy rights of customers.
“It is a challenge to comply with both private sector [privacy] legislation and court orders,” Molly said.
Molly said one option is for the federal government and the provinces to come up with a “model code” for new rules about disclosing the use of the technologies by police and what is done with the data of non-targets.
“It could have a standard set of principles and it would be left to the provinces to implement,” she said.
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