Federal government departments are collecting data on Canadian
citizens via their social media accounts for no good reason, Canada's
privacy watchdog says.
In a letter to Treasury Board president Tony Clement in February,
interim privacy commissioner Chantal Bernier says "we are seeing
evidence that personal information is being collected by government
institutions from social media sites without regard for accuracy,
currency and accountability."
The letter dated Feb. 13 also reads: "Should information culled from
these sites be used to make administrative decisions about individuals,
it is incumbent upon government institutions to ensure the accuracy of
this information."
Clement replied to her letter, promising to ask Treasury Board officials to study the matter and report back to Bernier.
Government questioned
The issue came up in the House of Commons on Thursday. NDP MP Megan
Leslie asked how the government sees fit to collect and stockpile more
private information on citizens in a time when privacy issues are
becoming more critical. "The government scrapped the long-form
census because it was too intrusive, but they're fine with private
companies intruding on the personal lives of millions of Canadians," she
told Clement during question period.
Without explaining what, specifically, was being monitored and
collected, Clement justified the practice by saying the government is
merely finding new ways of communicating with citizens.
"Whether it's in a letter or a petition or written on the street,
this government always wants to listen to Canadians who want to be
heard," Clement said. "Of course we must and will operate within the
law, within the confines of the Privacy Act, and of course we are always
willing to engage with the privacy commissioner to ensure that our
oversight and our laws, the oversight of government, is modern."
But "we will continue to communicate with Canadians who want to communicate with us," Clement said.
The letter is just the latest example of how Canada's chief privacy
watchdog has raised a red flag about troubling gaps in the security of
Canadians' personal information.
Other concerns
Last month, Bernier's office revealed that various government agencies have made almost
1.2 million requests for personal information about Canadians from Canada's major telecom companies, often without a warrant. Last year, the commissioner's office
criticized two federal government departments for improperly collecting data
of a personal nature on prominent First Nations activist Cindy
Blackstock. Although it said collection of data about
Blackstock's employer and human rights campaign were fair game, the data
collection veered into information of a personal nature — an obvious
violation of "the spirit, if not the letter, of the Privacy Act," the
privacy commissioner said at the time.
Bernier sent CBC News her report on Blackstock's case, which
states it is a "misconception that people surrender their right to privacy by posting on Facebook."
In an email statement today she also said the more recent intrusions
into Canadians' privacy by two government departments underscore the
need for guidance in this area.
"It is increasingly important to develop guidelines to clarify
privacy protections with respect to the collection of publicly available
personal information from social media sites," she wrote.
"In a recent investigation into the collection of information
from a First Nations activist’s personal Facebook page, we took the
position that this type of information can only be gathered
in situations in which a direct connection exists to the institution’s
operating programs or activities," she added.
Bernier's office also flagged government snooping on social media
in a report to parliamentarians in January,
which, much like the letter she sent in February, draws a distinction
between the legitimate collection of publicly available data, and that
which overreaches into information that the government has no good
reason to be collecting or trying to collect.
The Privacy Act does allow for government to collect data from
social media, but only when there's a direct relation to a specific
program or activity — it's not just a blank cheque to collect data for
no specific purpose.
"Even in cases where authority exists, institutions may not be ensuring the accuracy of such information," the letter says.
Privacy lawyer David Fraser agrees, saying he hopes decisions on
government programs such as Employment Insurance aren't being made with
inaccurate data. "It's not just that they're looking, they're
collecting," he told CBC News in an interview. "Transparency is the way
to deal with this head-on."
"People using social media [voluntarily] put their information out
there … but if it's being collected on a database that really takes it
completely out of that realm," he said. "We have doors and curtains in
our lives for a reason."
For him, the issue isn't that public information is being stored, but
rather why. "Is there a list of people who've shown negative opinions
[of the government]? We're left with a lot of questions and no real
answers," Fraser said.
Clarity needed
"The public availability of personal information on the internet
[does not] render personal information non-personal," the privacy
commissioner said in the annual report to Parliament last year. "For good or ill, research demonstrates that social media users have a certain expectation of privacy," the letter says.
Bernier calls on government to more clearly define what information
from social media can be collected, under what circumstances and for
what purpose.
"As there appears to be a lack of clarity around this issue, we would
suggest that it would be timely to have the Treasury Board of Canada
Secretariat develop and issue clear, mandatory guidance to articulate
what constitutes 'publically available' personal information, how and
when such information can be collected and used [and] what
responsibilities must be met to ensure its accuracy and currency," the
letter reads.