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Information and Privacy Commissioner Ontario, Canada - Privacy Principles in Public Spaces


Nov 03, 2021


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Summary

1. Data-gathering by the state should be restricted to that which is reasonably necessary to meet legitimate social objectives, and subjected to controls over its retention, subsequent use, and disclosure.
2. The state should be open and accountable for its information-handling practices.
3. Compliance with privacy rules and restrictions should be subject to independent scrutiny.
4. The authority to employ intrusive surveillance powers should generally be restricted to limited classes of individuals such as police officers.
5. The police power to deploy any form of intrusive surveillance must be supervised under a system of prior judicial authorization.
6. Even where genuine emergencies make it impracticable for the police to obtain judicial authorization before they employ surveillance measures, the state must remain transparent and accountable for its use of intrusive powers through subsequent, timely, and independent scrutiny of their use.
7. A positive-sum approach to designing a regulatory framework governing state surveillance can avoid false dichotomies and unnecessary trade-offs, demonstrating that it is indeed possible to have both public safety and personal privacy. We can and must have both effective law enforcement and rigorous privacy protections.
8. Close attention must be paid to the privacy impact of new technologies, business practices, and police tactics if we are to continue to ensure strong, principle-based privacy protections.
9. Surveillance practices that intrude upon privacy by leveraging new technological platforms or transmission processes must be scrutinized to ensure that they are accompanied by sufficiently rigorous privacy and accountability protections.
10. Eternal vigilance will be required to secure our fundamental rights, including the right to personal privacy in relation to all public spaces, including those found online and in other virtual spaces." (Cavoukian, 2013).

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