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Exposing the Myths, Exploring the Solutions

Exposing the Myths, Exploring the Solutions Ann Cavoukian, Ph.D. Information & Privacy Commissioner/Ontario Privacy & Security: Seeking the Middle Path 5 th Annual Privacy & Security Workshop October 28-29, 2004 University of Toronto Government Surveillance

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Exposing the Myths, Exploring the Solutions

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  1. Exposing the Myths, Exploring the Solutions Ann Cavoukian, Ph.D. Information & Privacy Commissioner/Ontario Privacy & Security: Seeking the Middle Path 5th Annual Privacy & Security Workshop October 28-29, 2004 University of Toronto

  2. Government Surveillance “People will not trust government if there is excessive secrecy. And they will get increasingly anxious about a 'surveillance society' if they cannot be confident that information about their private lives is being handled properly.” Richard Thomas, UK Information Commissioner January 2003

  3. “”No-fly” lists Be prepared not to know

  4. Where are we now: U.S. • Biometrics in travel documents now a given • Enhanced Border Security & Visa Entry Reform Act • International Civil Aviation Organization (ICAO) adopted a three pronged approach for travel documents: Facial recognition (the global base), fingerprint & iris scans • U.S. VISIT Program requires countries to have biometrics to remain in Visa Waiver program

  5. Where are we now: U.S. part II • CAPPSII dead • Reasons cited: lack of airline data for testing, law suits against airlines, privacy concerns, failure to address 7 out of 8 Congressional requirements • Secure Flight new screening tool • Government, not airlines, to compare passengers to no-fly and watch lists • TSA assures reduction of false positives (current 15% pull-overs to drop to 5% of passengers) • 30 day test began in September of Secure Flight

  6. Secure Flight • Redress process to be instituted, Senator Edward Kennedy had to call DHS Secretary Tom Ridge to clear his name • Multi-stage process ending in review by DHS Chief Privacy Officer: Nuala Kelly O’Connor • New level of transparency, with crucial documents for public view • Senate has required DHS to report on privacy impact of this action

  7. Where are we Now: Canada • CANPASS-Air uses iris scanning for identity check • RCMP working with ISO to ensure fingerprint biometric interoperability • Gov’t compiling no-fly lists to be used by airline agents for domestic flights, to notify Transport Canada of ‘immediate threats’ • No redress policy appears to be available

  8. Are we losing Balance? “Public safety is paramount but balanced against privacy” • Security measures must be real, not illusory • New powers must be studied and measured to determine effectiveness and utility • Are new security powers truly necessary or are existing ones not fully utilized or effectively deployed? http://www.ipc.on.ca/userfiles/page_attachments/1517136_pub01-e.pdf http://www.cbc.ca/news/indepth/usattacked/essay_privacy.html

  9. Anti-Terrorism Laws– Why be Concerned? • General Issues: • Expanded scope of domestic surveillance • Lack of justification • Weakening Judicial Controls • Lack of Oversight

  10. STEPS: Revisted • Terrorist attacks 9/11 • Government concerns over public safety • Patriot and anti-terrorist legislation • Polarized debate for Security/Privacy • Resurgence of Privacy concerns by public

  11. Still Need a Shift in Paradigms • The Old Paradigm: Zero Sum Game • The New Paradigm: Security + Privacy = Democracy • Privacy and Security are both necessary components: both are essential to freedom and liberty

  12. The Challenge forPrivacy Experts • Expand the discourse: Privacy and Security are not polar opposites • Engage government and industry in demonstration projects to promote STEPs • http://www.ipc.on.ca/docs/steps.pdf

  13. The Challenge for Solution Developers • Introduce privacy into the concept, design and implementation of technology solutions • Recognize and promote existing STEP solutions: • 3-D Holographic Scanner: respecting physical privacy while enhancing security • Biometric encryption

  14. The Challenge for Governments • Develop the privacy requirements for technology: • Use the 3-D Holographic Scanner Paradigm for IT design requirements. • Avoid equating security with privacy. • Put the ‘ terrorist attack fear factor’ in context of other threats to citizens.

  15. The Discussion Today • How is privacy fairing in the national security arena? • What are the issues we face? • What is the road ahead? • What can we do?

  16. How to Contact Us Ann Cavoukian, Ph.D. Information & Privacy Commissioner/Ontario 2 Bloor Street West, Suite 1400 Toronto, Ontario M4W 1A8 Phone:(416) 326-3333 Web:www.ipc.on.ca E-mail:commissioner@ipc.on.ca

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