Re: [OTT-GOSLING] Out of country storage of provincial government data

[Glen Newton]

If you do a search of "data collected on this site may be stored
outside of Canada and be subject to the laws of that jurisdiction" in
Google:

https://www.google.com/search?client=ubuntu&channel=fs&q=data+collected+on+this+site+may+be+stored+outside+of+Canada+and+be+subject+to+the+laws+of+that+jurisdiction&ie=utf-8&oe=utf-8

You see a frighteningly long list of companies and organizations that
are also doing this.
Some very questionable ones:
1 - City of Regina: it first says it collects personal information,
including health and financial information (!), then says this may be
kept elsewhere, subject to the laws in those jurisdictions:
http://www.regina.ca/site/privacy-policy/
2 - Food Banks Canada
http://www.foodbankscanada.ca/Utility-Pages/Privacy-Policy.aspx
Others: Fido, ToyRUs Canada, Apple Auto Glass, SportChek, many more.....

I consider this a real problem.
 It is even more a problem due to the fact that this is allowed by
Canadian law (some exceptions).

Very relevant:
- "Applying Canadian Privacy Law to Transborder Flows of Personal
Information from Canada to the United States: A Clarification". 2008.
http://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00508.html
- Trilateral Committee on Transborder Data Flows
http://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/h_gv00520.html
  - bibliography: http://www.ic.gc.ca/eic/site/ecic-ceac.nsf/eng/gv00554.html

GoC response (2007):
"GOVERNMENT RESPONSE TO THE FOURTH REPORT OF THE STANDING COMMITTEE ON
ACCESS TO INFORMATION, PRIVACY AND ETHICS
Statutory Review of the Personal Information Protection and Electronic
Documents Act (PIPEDA)"
http://www.parl.gc.ca/HousePublications/Publication.aspx?DocId=3077726&Language=E&Mode=1&Parl=39&Ses=1
 "Transborder Data Flows
Recommendation 16
    “The Committee recommends that no amendments be made to PIPEDA
with respect to transborder flows of personal information.”"
WTF?

Report on the 2010 Office of the Privacy Commissioner of Canada's
Consultations on Online Tracking, Profiling and Targeting, and Cloud
Computing
http://www.priv.gc.ca/resource/consultations/report_201105_e.asp
"Canadians still have high expectations for privacy, including online,
and worry about how their personal information is being used,
especially if it involves transborder data flows."

Tracking Cross-Border Data Flows: A Comment on Lawson v - CJLT
http://cjlt.dal.ca/vol6_no2/davis.pdf
[This is an excellent review document]
"Transborder flows of information create privacy challenges for
Canadians which, if left unaddressed, will likely get worse. However,
the federal government’s primary investigatory arm, the OPC, is
hamstrung in its ability to protect Canadians from these problems
because its powers are not backed with the jurisdictional clout they
require. The Lawson case discloses gaps in the jurisdictional
structure of the privacy regime that are particularly problematic in
the context of transborder data flows."

AND

"Specifically, Lawson demonstrates that the OPC’s limited
jurisdictional reach makes it impossible for PIPEDA to provide
sufficient safeguards for personal
information transferred outside the country."

I plan on writing my provincial representative (Quebec) to make this
illegal and will be writing various representatives Federally to make
this illegal and to strengthen the powers of the OPC (I know:
good-luck with that....).

I will also be expanding the above in a blog entry....

-Glen Newton

On Thu, Jun 21, 2012 at 9:38 AM, Joseph Potvin <[hidden email]> wrote:

> It depends on the rules that must be associated with the particular data.
> Certainly open data can and should be stored anywhere.
>
> On Thu, Jun 21, 2012 at 7:55 AM, Rob H Warren <[hidden email]>wrote:
>
>>
>> A few weeks ago, the automated license ordering line of the Ontario
>> Ministry of Natural Resources got this new notice (paraphrasing) "data
>> collected on this site may be stored outside of Canada and be subject
>> to the laws of that jurisdiction".
>>
>> Does it not strike anyone odd that the Government is storing citizen's
>> data out of the country?
>>
>> Rob
>> _______________________________________________
>> Ottawa-gosling mailing list
>> [hidden email]
>> http://list.goslingcommunity.org/mailman/listinfo/ottawa-gosling
>>
>
>
>
> --
> Joseph Potvin
> Operations Manager | Gestionnaire des operations
> The Opman Company | La compagnie Opman
> www.opmancompany.ca
> [hidden email] <http://--esfsecev------/>
> Mobile: [phone] <http://--esfsecev------/>
> _______________________________________________
> Ottawa-gosling mailing list
> [hidden email]
> http://list.goslingcommunity.org/mailman/listinfo/ottawa-gosling

--
-
http://zzzoot.blogspot.com/
-