Exposing the Myths, Exploring the Solutions

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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

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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
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No-fly lists Be prepared not to know
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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

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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

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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 OConnor
• New level of transparency, with crucial documents
  for public view
• Senate has required DHS to report on privacy
  impact of this action

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Where are we Now Canada

• CANPASS-Air uses iris scanning for identity check
• RCMP working with ISO to ensure fingerprint
  biometric interoperability
• Govt 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

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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/15
  17136_pub01-e.pdf
• http//www.cbc.ca/news/indepth/usattacked/essay_pr
  ivacy.html

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Anti-Terrorism Laws Why be Concerned?

• General Issues
• Expanded scope of domestic surveillance
• Lack of justification
• Weakening Judicial Controls
• Lack of Oversight

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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

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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

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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

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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

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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.

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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?

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How to Contact Us

• Ann Cavoukian, Ph.D.
• Information Privacy Commissioner/Ontario
• 2 Bloor Street West, Suite 1400
• Toronto, Ontario M4W 1A8
• Phone [phone]
• Web www.ipc.on.ca
• E-mail commissioner_at_ipc.on.ca