More transparency needed on digital privacy, says Daniel Therrien

Canada'sprivacy watchdog is calling on companies to be more transparent on how they harvest and use personal data collected online.

Online privacy "has emerged as a significant concern," says Privacy Commissioner DanielTherrienin his annual report on compliance with the federal privacy regime.

"It is becoming increasingly apparent that the protection of privacy demands a partnershipbetween individuals and the corporations with which they interact," he notes.

"Like any successful partnership, this must be based on trust and therefore openness. Nowthat personal data has become such a preciouscoin of commerce, the rules governing itscollection, use and disclosure must be crystal
clear, well understood, and actively accepted."

Given that trend, hethinks Canadian businesses "must develop dynamic, creative ways of sharing privacy-related information to allow individuals to make informed decisions."

The report, which was tabled in the House of Commons on Wednesday,reveals that the commissioneraccepted426 formal complaints underthe act in 2013 which, it notes, is"almost double the number accepted the previous year" although it does point out that "much ofthe increase was a result of 168 complaints related to a new Bell Canada marketing initiative announced in October."

Those complaints have been grouped togetheras a single, Commissioner-initiated complaint that is expected to be completed this year, according to the report.

Google, Apple privacy complaints spark investigations

The report also summarizes the commissioner's findings in several other cases investigated this year, including the "free app frustration" brought on by anApple Canada initiative that asked for credit card information and birth dates to create an ID to download even free applications on the Apple website.

Although the company did allow users to download the content without providing the information, the commissionerconcluded thatthe workaround "was not evident."

He recommended that Apple "make it clear to users" that they could circumvent the request for credit card information, which they agreed to do.

He also looked into a complaint related to Google's use of cookies, which led one individual to be "bombarded with ads" for sleepapneamedical devices after searching for the information.

"The man asserted that he had not consented to the collection and use of his sensitive health information for this purpose," the report notes.

After investigating the complaint, the commissioner concluded that "the use of sensitive personal information in this manner did not correspond to the wording stated in Googles own privacy policy."

It also revealedwhat the report describes as "shortcomings" inhow Google monitorsadvertisers, which led the commissionerto makeseveral recommendations "aimed at stopping privacy-intrusive ads."

Therrienalso highlights the sharing of information between the private and public sector.

"More and more, it has been observed that personal information originally collected by the private sector can also flow into the hands of public sector agencies dedicated to law enforcement and national security," hepoints out.

"The need for a constructive debate around greater transparency and accountability on all sides is evident."

NDPsupports call for increased transparency

New Democrat privacy critic Charmaine Borgtold CBC News that shewas particularly struck by the call for moretransparencyon the sharing of personal information between private corporationsand thepublic sector.

"That's something that we've seen a lot of debate about in the House of Commons, and theNDPhas been calling for this for a while,"she noted.

"It'salmost ironic that thegovernment failed to bring in that transparency or anytransparency mechanisms on the sharing of personal information fromtelcos, for example, when they're not shy about using these provisions, and making 1.2 million requests for that information."

She also concurred with the commissioner on the need for easily accessible, user-friendly privacy policies on websites.

"It's so hard for people to understand what they're signing on to when they're clicking yesor OK in theseboxes," she said.

"That was at the heart ofmybill C-475that Iproposed,but was unfortunatelyvoted down by the Conservatives."

TheproposedDigital Privacy Act, which iscurrently before the Senate, doesaddress some of those concerns, butis reallyjust a "half measure," she said.

"I'm hoping they will finally open their eyes to the need to protect the privacy of Canadians, but it's very difficult for them tosay that they care about itwhen we know they're snooping behind our backs."

A spokesman for Industry Minister James Moore pointed out that the government's proposed amendments to the law are scheduled to go before a House committee this fall.

"During that time, we'll hear from expert witnesses, such asthe privacy commissioner, on how we can best protect Canadians in this age, and we're looking forward to that debate occurring," JakeEnwrighttold CBC News.

"Obviously, we think it's a good thing any time a Canadian company is open and transparent," he noted.

"If he hasrecommendations on how we can better protect Canadians onlineor serve Canadians in that capacity, we'll hear him out."

Report dedicated to former commissioner JenniferStoddart

Like most of her caucus colleagues, Borg initially opposedTherrien'sappointment, and went so far as to vote againstitin the House.

But she told CBC News that those concerns were more about the process thanTherrienhimself.

"Alot of our reservationsweren't specifically about the person, but []having someone who had been responsible for writing the very legislation that he would be criticizing," shesaid.

"So far, when he came to committee to testify on C-13" the so-called 'cyberbullying' bill "and when he has spoken about [the Digital Privacy Act], he does seem to be very critical of certain aspects of it, which was good to see."

She hopes thatTherrien"keeps that same critical eye on future legislation," she said.

"Hehas big shoes to fill, obviously Ms.Stoddart, who did a lot of great work but this is one step in that direction."

Indeed,Therrienalso paid tribute to his predecessor, JenniferStoddart, who retired in December after "ten remarkable years of leadership"on the privacy file.

"Many of the private-sector privacy protections that Canadianshave come to cherish over the past decade are a testament to her bold vision, and her unflinching determination to carry it out," heobserved.

"As a result, this Office is more than proud to dedicatethisreport to her."

He also thanked formerinterim commissionerChantalBernierfor stepping in betweenStoddart'sdeparture and his appointment.