3. Telecommunications and Privacy

Through the ages new inventions and discoveries have dramatically increased the volume, speed and range of information transmission.

Without fail, every major advance in communication has caused widespread social change. Today, we are once again in the midst of a communications revolution, this one driven by digital technology.

In just a few decades computers have greatly increased what we can know and how fast we can know it. They have also brought social consequences which we, as a society, have yet to examine.

Much has been said about the recreational and business possibilities offered by cyberspace and the communications revolution. Much less has been said about how these advances might challenge our values and reshape our society.

New modes of communication bring about change in just about every aspect of social life. They can affect our values and beliefs, our ideas about space and time, government operations, our educational systems, employment and much more.

For example, increased reliance on computer technology has led to massive staff layoffs and created a trend toward part-time employment. Before the Internet, communication with people in distant places was costly and time consuming. Today physical distance is no longer an obstacle to instant affordable communication. Digital technology has transformed our world into a community linked by computer networks.

Millions of computers now share information on a massive scale. Local data processors compile detailed electronic files in government offices, banks, businesses, educational institutions and research facilities. These are linked to central data bases in regional, national and international head offices. The high speed and volume of this data processing offers numerous opportunities for mistakes and, sometimes, for intentional data alteration.

Thus along with efficiency, the communications revolution has spawned problems. For instance, some people illegally access databases for the purpose of altering, lifting, buying and selling confidential information.

Apart from data crime, the transfer of large volumes of information at high speed multiplies the chance of error. Accidental and intentional slips in data entry have been known to affect people's credit ratings, their opportunities for advancement, even their standing in the community. This is compounded by the fact that once an error enters cyberspace, it is almost impossible to find anyone to accept responsibility for correcting it.

Many organizations and businesses get personal information directly from us. We provide details about ourselves, our lives and our families to schools, universities, banks, commercial outlets, insurance agents, and government agencies. For example, besides detailed personal information, a Winnipeg video rental firm even takes a customer's photo for its files. Many of these agencies also sell what is essentially an individual's private information to other businesses.

In fact our personal information has been turned into bits of profitable data, sold many times over. Others are profiting from information about us without our consent. At present, there is no law which recognizes the individual's ownership of such information.

Each time you buy something, use a government service, get a grade at school, or receive medical attention, information is added to an electronic file and, from there goes... who knows where? The more completely an organization is computerized and networked, the more vulnerable its files are to mishandling and abuse. At present Canadian citizens have no legal control over how personal data is stored, used, or shared.

Such multiple data exchanges have quietly begun to undermine our rights as individuals. People we have never met can now influence how we will be served or treated, because they determine which bits of our personal data are released to interested parties.

Moreover, electronically stored bio-data can be altered with ease and with no evidence of tampering. At present there are no rules in place which require that such information be regularly examined for accuracy. Canadians also have no real control over how such personal information is released or presented.

Huge profits stand to be made through the sale and resale of such data. From the perspective of those involved in this trade, the fewer the rules the better. Privacy legislation would interfere with profits.

In any discussions about privacy the public will be put under tremendous pressure to trust data servers with the task of establishing confidentiality protection. However, given that data servers do have a vested interest in leaving things as they are, would we be wise to leave important decisions about safeguarding our privacy to them alone?

That our lives will be changed by the communications revolution is inevitable. But the direction we move in is not inevitable. We can shape the future by establishing guidelines to encourage change in directions that reflect our vision of society. Alternatively, we can leave it up to the marketplace to decide for us.

In Canada scrutiny of individual privacy protection is long overdue. Not only has there been no national discussion about individual privacy, legislation protecting individual privacy is virtually nonexistent.

The Canadian Charter for Rights and Freedoms makes no mention of the issue. There is, however, a silver lining to this oversight. In formulating individual privacy legislation, Canadians have an ideal opportunity to ensure that it will address the privacy problems generated by computer technology.

Concepts for exploration

1. Canadian Charter of Rights and Freedoms

2. privacy, individual privacy, Canadian privacy laws

3. communication technology through the ages

4. modern communications revolution, digital technology

5. government intervention in cyberspace

6. data server, computer network, local area network, cyberspace, e-mail, electronic file, file transfer, electronic security, electronic security problems, encryption

Selected readings

Baran, Nicholas

Inside the Information Superhighway Revolution. Scottsdale: The Coriolis Group, 1995.

Cavoukian, Ann and Don Tapscott

Who Knows: Safeguarding Your Privacy in a Networked World. Toronto: Random House of Canada, 1995.

Minister of Supply and Services Canada

Privacy and the Canadian Information Highway. Communications Development and Planning Branch. Cat. No. C2-229/1- 1994.

Protecting Privacy on the Information Highway: Response of the Privacy Commissioner of Canada to "Privacy and the Canadian Information Highway". Privacy Commissioner of Canada. (no date)

The Privacy Act. Privacy Commissioner of Canada. Cat. No. YX76-P21/1995.

Ombudsman Manitoba

Freedom of Information. Annual Report of the Ombudsman. (This includes the Manitoba Freedom of Information Act). Call, write or fax Ombudsman's office to request this material.

Rothfeder, Jeffrey

Privacy for Sale. New York: Simon and Shuster, 1992.

Projects

I. Research, Analysis, Discussion Group Work.

Review materials on national and provincial privacy legislation.

Discuss and summarize the following issues:

1. The focus of existing privacy legislation in Canada and in Manitoba. In other words, what do the privacy acts protect?

2. Is there any Canadian legislation protecting individual privacy?

3. Where might a reference or references to privacy rights be included in the Canadian Charter of Rights and Freedoms?

Would you have a separate section discussing individual rights to privacy?

Formulate a statement about the individual right to privacy for inclusion in the Charter.

II. Research and Analysis.

Read the book about privacy written by Ann Cavoukian and Don Tapscott.

What is privacy? Imagine a person living alone in the wilderness or perhaps on an island. Now imagine the same person living in a large city. In which of these two contexts would privacy become important? Why?

Are there things that you prefer to share only with those closest to you, or with no one at all? Think of an incident in your own life when you felt your privacy had been violated. Should you have freedom to choose what will remain part of your private life and what will be made public?

Write an essay discussing:

• your understanding of privacy
• why it might matter to the individual
• whether it should be recognized as a fundamental human right.

III. Investigation and Analysis

Individual or small team projects Privacy can be violated in a number of ways.

Select an example of privacy violation and collect the following information:

1. Contexts in which it occurs
2. Effects on the individual or individuals whose privacy has been violated
3. What can be done to prevent such breaches of privacy

Design a project around the data you have collected. This could be a pamphlet or brochure, a poster, or an article for publication in the school newspaper.

IV. Investigate and Report

There has not been much discussion in Canada about ownership of personal information. An interesting context in which this problem could arise is in connection with ownership and access to student school records. This particular example would make an ideal research project.

Do some research. Interview people who could give you insights into this matter You might want to develop a formal survey questionnaire to find out:

• Who owns the information in your school record? Is it you? Is it the school division or school district? Is it the teacher or principal of the schools you attended?
• Do academic researchers have access your school records? Do any other professionals have access to your school records? Who allows them this access?
• What happens to your school records after you graduate from the school system? Can these be accessed by individuals and organizations? If so, who gets access, how and why?
• How much control does the individual have over who may or who may not
• examine his or her school records? How secure is this information?
• How important is it to you that this information remain confidential?

Write a report describing your method of research and the feedback you received.

Conclude by presenting your own views on this matter.

Provide reasons for your position.