1. www.ipc.on.ca 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

2. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 3 “No-fly” lists Be prepared not to know

4. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 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 O’Connor Kelly New level of transparency, with crucial documents for public view Senate has required DHS to report on privacy impact of this action

7. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 9 Anti-Terrorism Laws – Why be Concerned?  General Issues:  Expanded scope of domestic surveillance  Lack of justification  Weakening Judicial Controls  Lack of Oversight

10. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 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. www.ipc.on.ca Slide 12 The Challenge for Privacy 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. www.ipc.on.ca Slide 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. www.ipc.on.ca 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