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Quebec to beef up privacy law to hamper U.S. surveillance ROSS MAROWITS - Canadian Press \|\| June 07, 2006 MONTREAL -- Quebec plans to follow the lead of several other provinces in attempting to protect its residents from the eyes of the U.S. government. Quebec's 12-year-old law governing the release of personal information by private businesses is to be enhanced, partly in reaction to the USA Patriot Act enacted to give broader FBI access to records held by U.S. firms. The proposals, which are expected to be passed this month, would require public bodies and private companies to ensure the information they send outside the province is as secure as it is in Quebec, said Richard Parent, a government official. "You will have to ask the question with each contract: 'Will there be a violation of privacy and should there be a transmission of that information?' " he said in an interview. Companies would face increased fines -- although the amount has not yet been made public -- and would have to disclose publicly if a breach occurs. Individuals could also ask Quebec's information commissioner to investigate suspected breaches of the law. Quebec's legal change comes in the wake of reports that the U.S. National Security Agency co-opted telecommunications companies to track millions of phone calls and store them in what may be the largest database in the world. Article Posted at www.KnowledgeDrivenRevolution.com It has left many Canadians concerned about how their personal information would be used by Americans. For example, could it affect their ability to enter the United States or obtain health insurance, or could they be added to no-fly-lists? Nobody knows, in part because the Patriot Act -- passed following the Sept. 11, 2001, terrorist attacks -- expressly prevents companies from disclosing whether they have passed along the information. British Columbia, Alberta and Nova Scotia have also taken steps to block companies operating out of their provinces from transferring private information. B.C.'s law was in reaction to a complaint to its privacy commissioner by its public-sector union. It fought the outsourcing of the province's medicare and pharmacare plans to a Canadian subsidiary of a U.S. company. The union feared the U.S. government would compel the disclosure of personal information. MNA Stéphane Bédard, Parti Québécois critic for justice and access to information, said the province's plan does not go far enough in creating a disincentive for companies to release information. He called for maximum fines to be increased from the current threshold of $20,000 to $3-million for businesses and to $300,000 for individuals. "The best way to combat this is to create a bottleneck," he said. "How you create a blockage is by giving teeth by sometimes allowing verifications when public organizations give contracts to companies that are American subsidiaries." Both Mr. Parent, the Quebec official and Mr. Bédard acknowledged that Quebec's changes offer only limited protection. The FBI or another police force armed with a subpoena or warrant could still gain access to the information. And Canada has its own security laws that can be used to secure personal details. Banks, whose credit card data management is typically conducted outside Canada, have informed their customers they could be subject to Patriot Act requests. About KDR \| \| Home \| \| Weekly Features Archive	Weekly Weekly Features Archive
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Quebec to beef up privacy law to hamper U.S. surveillance

ROSS MAROWITS - Canadian Press || June 07, 2006

MONTREAL -- Quebec plans to follow the lead of several other provinces in attempting to protect its residents from the eyes of the U.S. government.

Quebec's 12-year-old law governing the release of personal information by private businesses is to be enhanced, partly in reaction to the USA Patriot Act enacted to give broader FBI access to records held by U.S. firms.

The proposals, which are expected to be passed this month, would require public bodies and private companies to ensure the information they send outside the province is as secure as it is in Quebec, said Richard Parent, a government official.

"You will have to ask the question with each contract: 'Will there be a violation of privacy and should there be a transmission of that information?' " he said in an interview.

Companies would face increased fines -- although the amount has not yet been made public -- and would have to disclose publicly if a breach occurs. Individuals could also ask Quebec's information commissioner to investigate suspected breaches of the law.

Quebec's legal change comes in the wake of reports that the U.S. National Security Agency co-opted telecommunications companies to track millions of phone calls and store them in what may be the largest database in the world.

Article Posted at www.KnowledgeDrivenRevolution.com

It has left many Canadians concerned about how their personal information would be used by Americans. For example, could it affect their ability to enter the United States or obtain health insurance, or could they be added to no-fly-lists?

Nobody knows, in part because the Patriot Act -- passed following the Sept. 11, 2001, terrorist attacks -- expressly prevents companies from disclosing whether they have passed along the information.

British Columbia, Alberta and Nova Scotia have also taken steps to block companies operating out of their provinces from transferring private information.

B.C.'s law was in reaction to a complaint to its privacy commissioner by its public-sector union. It fought the outsourcing of the province's medicare and pharmacare plans to a Canadian subsidiary of a U.S. company. The union feared the U.S. government would compel the disclosure of personal information.

MNA Stéphane Bédard, Parti Québécois critic for justice and access to information, said the province's plan does not go far enough in creating a disincentive for companies to release information. He called for maximum fines to be increased from the current threshold of $20,000 to $3-million for businesses and to $300,000 for individuals.

"The best way to combat this is to create a bottleneck," he said. "How you create a blockage is by giving teeth by sometimes allowing verifications when public organizations give contracts to companies that are American subsidiaries."

Both Mr. Parent, the Quebec official and Mr. Bédard acknowledged that Quebec's changes offer only limited protection. The FBI or another police force armed with a subpoena or warrant could still gain access to the information. And Canada has its own security laws that can be used to secure personal details.

Banks, whose credit card data management is typically conducted outside Canada, have informed their customers they could be subject to Patriot Act requests.

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