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Stunned applicants filling out immigration forms are now being warned their personal information can be shared with the RCMP, national security and intelligence agents, and even foreign cops. The immigrants, many who arrive here from brutal regimes, are being told that they must sign a consent form or their requests will not be dealt with by federal immigration officials. One form, which was obtained by Sun Media, said the data can be shared with the Canada Border Services Agency, RCMP, Canadian Security Intelligence Service and foreign police. TARGET FRIENDS The information can be used to target friends or family members of those who say negative things about their homelands, said Jamal Kaker, of the Afghan Association of Ontario. "This will impact a lot of immigrants in many communities," he said yesterday. "This is scary because the information will get back to Afghanistan in no time." Toronto lawyer Guidy Mamann said it can be deadly for immigrants who give information that may be negative to their governments and are then refused by Canada. "The rights of these immigrants are being trampled," Mamann said. "All this was done under the radar without an announcement." He said foreign police -- some working for the worst regimes -- will be able to find out where their nationals who fled to Canada live and allegations they have leveled against their homelands. "All this information will now be shared," Mamann said. "The lives of immigrants and some Canadian citizens will become an open book." SIGN FORMS He said Canadian citizens are affected if they sign forms to sponsor a spouse or loved ones. "It's another nail in the coffin for civil rights in Canada," Mamann said. "Negative information against governments will now be open for sharing." Toronto lawyer Mendel Green called the changes troubling. "This is a serious breach of our privacy laws," he said. "It appears to be an excess of authority. Big Brother wants to watch our visitors." Federal immig

Laws in Canada and other countries are increasingly helping technology force people to identify themselves where they never had to before, threatening privacy that allows people to function effectively in society, a new study has found. "What we're starting to see is a move toward making people more and more identifiable," University of Ottawa law professor Ian Kerr said Wednesday. His comments followed the launch of Lessons from the Identity Trail: Anonymity, Privacy and Identity in a Networked Society, a book summing up the study's findings, at a public reading in downtown Ottawa hosted jointly with the Privacy Commissioner of Canada. Kerr led the study with University of Ottawa criminology professor Valerie Steeves. They collaborated with 35 other researchers in Canada, the U.S., the U.K., the Netherlands and Italy. The researchers reported that governments are choosing laws that require people to identify themselves and are lowering judicial thresholds defining when identity information must be disclosed to law enforcement officials. That is allowing the wider use of new technologies capable of making people identifiable, including smartcards, security cameras, GPS, tracking cookies and DNA sequencing. Consequently, governments and corporations are able to do things like: * Embrace technologies such as radio frequency identification tags that can be used to track people and merchandise to analyze behaviour. * Boost video surveillance in public places. * Pressure companies such as internet service providers to collect and maintain records of identification information about their customers. While Canada, the U.K., the Netherlands and Italy all have national laws protecting privacy - that is, laws that allow citizens to control access to their personal data - such legal protection does not exist for anonymity, Kerr said. "Canada is quite similar [to other countries] with respect to anonymity. Namely, it's shrinking here just as it is there.

Even as the Canadian government is fighting against "Buy American" policies that discriminate against Canadian firms, the federal government appears to be quietly continuing with policies that effectively block U.S. firms from winning some kinds of federal contracts. Case in point: a contract worth $150 million to help relocate nearly more than 18,000 public servants every year was awarded to the only Canadian bidder in mid-August. American firms were interested in the contract but say they were essentially blocked from the bidding because of a provision that personal information about Canadians cannot be stored on computerized databases outside of Canada. Canada Post, a Crown corporation, is about to award its own multimillion-dollar relocation services contract and it, too, has effectively blocked U.S. companies from bidding with a requirement that personal information be stored only on computers in Canada.

An insurance company seeking to challenge the authority of Canada's privacy legislation and the privacy commissioner in an auto injury case will have to go to the Federal Court to make its case, the New Brunswick Court of Appeal has ruled. In State Farm Mutual Automobile Insurance Company v. Privacy Commissioner of Canada and Attorney General Canada, State Farm argued that Canada's privacy regime does not apply to surveillance tapes the insurer commissioned following a motor vehicle accident in 2005. In March 2005, Jennifer Vetter, insured by State Farm, was involved in a motor vehicle collision with Gerald Gaudet. State Farm subsequently hired a lawyer in anticipation of litigation by Gaudet against Vetter. The insurer also hired private investigators that conducted video surveillance on Gaudet. Gaudet filed a request under Canada's privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA), that State Farm turn over to him the personal information it had compiled, including copies of the surveillance reports and tapes. State Farm went to the New Brunswick Court of Queen's Bench asking for "declaratory" relief on several issues. Among other things, the insurer asked for a court order declaring that PIPEDA did not apply to information obtained in a bodily injury damages claim. It also asked the court for an order confirming that the privacy commissioner had no right or authority to compel State Farm to turn over the documents. The privacy commissioner asked for a stay of proceedings in the New Brunswick court, arguing that the authority of the privacy commissioner was a matter for the Federal Court (which has jurisdiction over federal legislation such as the PIPEDA). The New Brunswick Appeal Court noted both the provincial and federal courts have jurisdiction to hear cases about the constitutionality of federal legislation. But only the Federal Court could determine the outcome of a direct challenge to the authority of the p

The Office of the Privacy Commissioner of Canada (OPC) has developed these guidelines to explain how the Personal Information Protection and Electronic Documents Act (PIPEDA) applies to transfers of personal information to a third party, including a third party operating outside of Canada, for processing. As the legislation itself states, PIPEDA is intended to "support and promote electronic commerce by protecting personal information that is collected, used or disclosed in certain circumstances…" This acknowledges that proper protection of personal information both facilitates and promotes commerce by building consumer confidence. Today's globally interdependent economy relies on international flows of information. These cross-border transfers do raise some legitimate concerns about where personal information is going as well as what happens to it while in transit and after it arrives at some foreign destination. Consumer confidence will be enhanced, and trust will be fostered, if consumers know that transfers of their personal information are governed by clear and transparent rules. There are different approaches to protecting personal information that is being transferred for processing. European Union member states have passed laws prohibiting the transfer of personal information to another jurisdiction unless the European Commission has determined that the other jurisdiction offers "adequate" protection for personal information.

When you put out the trash, don't expect a constitutional right to privacy of the contents. The Supreme Court of Canada unanimously ruled Thursday that police can sift through garbage if it has been set out at the edge of your property for municipal collection because "abandoned" goods do not trigger Charter of Rights and Freedoms protection.

Facebook has agreed to make changes to better protect users' personal information on the social networking site and comply with Canadian privacy laws within one year, Canada's privacy commissioner said Thursday. "These changes mean that the privacy of 200 million Facebook users in Canada and around the world will be far better protected," said privacy commissioner Jennifer Stoddart.

In order to comply with Canadian privacy law, Facebook must take greater responsibility for the personal information in its care, the Privacy Commissioner of Canada said today in announcing the results of an investigation into the popular social networking site's privacy policies and practices. "It's clear that privacy issues are top of mind for Facebook, and yet we found serious privacy gaps in the way the site operates," says Privacy Commissioner Jennifer Stoddart. The investigation, prompted by a complaint from the Canadian Internet Policy and Public Interest Clinic, identified several areas where Facebook needs to better address privacy issues and bring its practices in line with Canadian privacy law. An overarching concern was that, although Facebook provides information about its privacy practices, it is often confusing or incomplete. For example, the "account settings" page describes how to deactivate accounts, but not how to delete them, which actually removes personal data from Facebook's servers. The Privacy Commissioner's report recommends more transparency, to ensure that the social networking site's nearly 12 million Canadian users have the information they need to make meaningful decisions about how widely they share personal information.

"Scott Fortnum had put in almost a full day of work at his Markham, Ont., office when he decided to "check in" on Foursquare, a location-based social network where users log the names and co-ordinates of the places they visit with a time stamp. The 44-year-old's check-in was marked with a small coral balloon on an embedded Google Map and instantly viewable by the 12 friends he lists on Foursquare - and millions of others. His check-in found its way onto pleaserobme.com, a recently launched website with a mischievous mandate: "listing all those empty homes out there." With March break approaching, many impending vacationers are installing automatic timers on their lights and putting their newspaper subscriptions on hold to deter burglars. Many are also posting on Twitter about when they're leaving and touting their week-long getaway to Jamaica on Facebook - unwittingly letting the online world know exactly when they're away. Mr. Fortnum's check-in appeared this way on Please Rob Me: @sfortnum left home and checked in 30 minutes ago: I'm at ALS Canada (3000 Steeles Ave. E. #200, DVP & Steeles, Toronto.) http://4sq.com/4MmX51 Many Foursquare users such as Mr. Fortnum cross-post their check-ins to Twitter, where they are easy to find through the search function. With some simple coding, Please Rob Me's creators are able to collect those millions of public tweets on their site in real time, highlighting one of the many security concerns that springs from broadcasting one's whereabouts online. Frank Groeneveld, one of the three students from the Netherlands who designed Please Rob Me, says he co-created the site to give members of social networks a wake-up call."

Finally a site that might make someone a profit!

"In light of a spike in identity theft and the frequency with which personal information is stored on portable devices, the American Institute of Certified Public Accountants (AICPA) and the Canadian Institute of Chartered Accountants (CICA) have expanded Generally Accepted Privacy Principles (GAPP) to include protocols for securing and disposing of personal information. "Safeguarding personal information is one of the most challenging responsibilities facing an organization, whether such information pertains to employees or customers," said Everett C. Johnson, CPA, chair of AICPA/CICA Privacy Task Force and a past international president of ISACA, a global information technology association. "We've updated the criteria of our privacy principles to minimize the risks to personal information." GAPP offers guidance and best practices on securing portable devices, breach management and ensuring continued effectiveness of privacy controls. The guidance additionally covers disposal and destruction of personal information. The principles are designed for chief privacy officers, executive management, compliance officers, legal counsel, CPAs and CAs offering technology advisory services. "Portable tools such as laptops and memory sticks provide convenience to employees but appropriate measures must be put in place to secure them and the data they contain," said Donald Sheehy, CA.CISA, CIPP/C, associate partner with Deloitte (Canada) and a member of the AICPA/CICA Privacy Task Force. "We must stay abreast of technological advances to assure that proper measures are put into place to defend against any new threats." Created by the AICPA/CICA Privacy Task Force, GAPP is designed to help an organization's management team assess an existing privacy program or address privacy obligations and risks. The principles provide a framework for CPAs and CAs to offer privacy services to their clients and employers, such as advisory services, privacy risk assessments and attestation or

Tomorrow is Data Protection and Privacy Day. Events around the world will mark the occasion. In Brussels, the European Parliament, European Commission and EDPS will host a variety of workshops and the winners of the "Think Privacy," competition will be unveiled. In Canada, events will be held in Newfoundland and Labrador, Ontario, Alberta and elsewhere, with regulators and companies hosting various forums. For a comprehensive list of global events, visit the Data Privacy Day Web site. After hours, privacy pros will gather in cities across the world for IAPP Privacy After Hours events. Click here to find an event near you.

Data Protection & Privacy Day Tomorrow

"A New York Times article recently charted out Facebook's privacy settings and found 50 settings and over 170 options for managing privacy, she said. The chart also points out that at 5,830 words, Facebook's privacy policy is longer than the 4,543-word count of the United States Constitution ."

Seems more leadership on privacy comes from Canada than D.C.

In a world of increasingly savvy and inter-connected customers, an organization's approach to information privacy may offer precisely the competitive advantage needed to succeed. Privacy is essential to creating an environment that fosters trusting, long-term relationships with existing customers, while attracting opportunity and facilitating the development of new ones. Spend the morning with me and nine privacy leaders from major corporations: Intel; IBM; Sun Microsystems, Inc.; Microsoft; Facebook; HP; Privacy Analytics Inc.; Ontario Lottery and Gaming Corporation; Peratech Limited; and GS1 Canada as they present their latest innovations in Privacy-Enhancing Technologies (PETs). You will appreciate how "Privacy by Design" - embedding PETs into the architecture of new systems - protects privacy, without compromising performance or security - a positive-sum not zero-sum outcome.

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A top affliction of privacy professionals is the growing complexity of privacy laws. The number of jurisdictions regulating data privacy and the number of other laws in which privacy provisions are tucked has increased with no letup since 2000. Like the Lilliputians in Gulliver's Travels, the tiniest jurisdictions are now lassoing their privacy ropes around the mightiest of corporations. Where does this leave those who are charged with keeping their organizations privacy-compliant? Desperately looking for a way to organize news about all of these developments. I recently surveyed the landscape of possible solutions to this problem. What did I find? Three different approaches: free Web sites, newsletters and news feeds; fee-based periodicals; and fee-based databases, such as Nymity's PrivaWorks, Cecile Park Publishing's DataGuidance and law firm Morrison and Foerster LLP's Summit Privacy. What were the pros and cons of each approach? Free sources Privacy leaders with no budget will want to exploit what's free, including these options: * Morrison & Foerster's Privacy Library, probably the most comprehensive and current free online listing of privacy laws in 95 countries. * Law firm Baker & McKenzie's annual Global Privacy Handbook, which is distributed to clients and friends. * Computerworld's own Security Newsletter, which offers a regular look at news about the technical threats to personal data. * The International Association of Privacy Professionals' Daily Dashboard, Canada Dashboard Digest and monthly Inside 1to1: Privacy. These are the best available free news feeds on privacy.

When ethical hackers track down computer criminals, do they risk prosecution themselves? Security researchers at this week's Usenix conference in Boston believe this is a danger, and that ethical hackers have to develop a uniform code of ethics for themselves before the federal government decides to take action on its own. One such researcher introduced himself by saying "Hi, I'm Dave Dittrich, and I'm a computer criminal." Dittrich, senior security engineer and researcher at the University of Washington's Information School, has not been unlucky enough to be prosecuted. But ten years ago, he took actions to disrupt distributed denial-of-service attacks which he says could have been construed as criminal, he says. Working within the University of Washington Network, Dittrich says he "copied files from one host in Canada that was caching malicious software and logs of compromised hosts," allowing him to gain a fuller understanding of the nascent distributed denial-of-service tools, and to inform the operators of infected Web sites that a problem existed.

European Union's move indicates growing government concern over how Internet companies are using individuals' private data The European Commission began legal action against the U.K. Tuesday over its failure to protect Internet users from Phorm -- a covert behavioral advertising technology tested by the U.K.'s biggest fixed line operator, BT, in 2006 and 2007. The move signals growing concern in Brussels over the way new Internet-based technologies are using people's personal data. In addition to taking legal action against the U.K., the Commission also issued a general warning to all 27 E.U. countries to uphold privacy laws, especially regarding social-networking Web sites and users of RFID (radio frequency identification) technologies. In Canada, the federal government has even proposed a legislation that will provide law enforcement agents sweeping powers to obtain user information from ISPs. The Commission, the executive body of the European Union responsible for upholding laws, said the U.K. had failed to enforce E.U. data protection and privacy rules, because broadband Internet subscribers were not informed that their browsing was being tracked.

A former Miss West Virginia has won a $7.2 (NZ$12.6) million verdict against nine internet companies that tried to sell pornographic videos they falsely claimed featured her. A jury in US District Court in Clarksburg on Wednesday ordered each defendants to pay Allison Williams $800,000 for damaging the 2003 beauty queen's reputation and invading her privacy. Williams' attorney is appealing US District Judge Irene M. Kelley's decision to dismiss 28 other defendants in the United States, Australia, the Netherlands, Belgium, Cayman Islands, Canada and South Africa that allegedly took part in distributing the bogus videos. The videos surfaced in the fall of 2004. The videos show a woman that they claim to be, but isn't Williams, engaged in sex in the back of a television news truck.

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The enormous international focus on privacy is growing more urgent in the face of business and government pressure to get the economy moving again and restore trust in our most basic institutions. To help rebuild trust and bolster bottom lines in a down market, it pays to prioritize privacy. The time is right to make smart investments in an organization's privacy professionals-the experts in the eye of the storm that must work collectively to find the right solutions to privacy challenges. The IAPP, which now boasts 6,000 members across 47 countries, is convening its annual Privacy Summit in Washington DC from March 11-13, 2009-the largest and most global privacy event in the world. Attendees will have the unique opportunity to interact with privacy regulators from Canada, France, Spain, Israel, the UK, Italy, the U.S. and the experts who help shape their policies across 60 different educational and networking sessions. Keynote speakers include Frank Abagnale (of Catch Me if You Can fame), one of the world's most respected authorities on forgery, embezzlement and secure documents as well as internationally renowned security technologist Bruce Schneier. The Future of Privacy Forum will be strongly represented at this year's Summit. Jules Polonetsky and Chris Wolf will be co-presenting a session entitled Cheers & Jeers: Who is Doing Privacy Right and Who Deserves Detention. Jules and Chris will also cover Behavioral Advertising Secrets: What Your Marketing and IT Team Didn't Think You Needed to Know. Both topics should be big draws for the expected 1500 attendees at the Summit! It's this sort of event that advances our profession and helps privacy professionals work together to reclaim trust. Registration is open and we look forward to seeing you in DC.

In an indication of the legal troubles that companies can find themselves in over data breaches these days, several banks and credit unions have begun suing Heartland Payment Systems Inc. over its recently disclosed data breach. In the six weeks since the potentially massive breach was disclosed, eight banks and credit unions have filed lawsuits against Heartland over its alleged failure to take adequate measures for protecting credit and debt cardholder data. Heartland said on Jan. 20 that unknown intruders had broken into its network sometime last year and accessed payment card data belonging to an undisclosed number of customers. The breach, thought to possibly be the biggest ever disclosed, has already affected over 500 financial institutions, including a handful in the Bahamas, Bermuda and Canada. The lawsuits seek compensation from Heartland for the costs that the financial institutions said they've had to bear in notifying affected customers about the breach and in reissuing new payment cards. The lawsuits also claim damages from Heartland for costs of the alleged fraud that the banks claimed have resulted from the breach.

Canadians who travelled to the United States in 2008 are being advised to check their credit-card statements and watch for signs of identity theft after a massive security breach at a U. S.-based company that processes millions of credit cards. Canada's Privacy Commissioner said yesterday she was shocked to learn that New Jersey-based Heartland Payment Systems, which processes credit-card transactions for more than 250,000 businesses in the United States, had found "malicious software" in its operating system. "I'm amazed to see something this significant can still happen with the importance that not only privacy commissioners, but experts everywhere, are placing on security," Jennifer Stoddard said. "I was concerned to see this going on and the size of it." Tech experts say the hack could be one of the largest ever credit-or debit-card data breaches, and that Canadians should watch closely for signs of identity theft.