News Release

Court Asked to Rule on Customs/EI Data Match

OTTAWA, March 18, 1997 - Privacy Commissioner Bruce Phillips will ask the Federal Court to determine whether government use of returning travellers' customs declarations to find alleged employment insurance cheaters offends Charter protection against "unreasonable search and seizure" (section 8).

The practice has been the subject of protracted discussions between the Commissioner's office and Revenue Canada, which discloses the Customs information, and Human Resources Development Canada (HRDC) which collects and matches it against the EI database. The parties have agreed to disagree on the constitutionality of the match but will file an agreed statement of facts before the Federal Court.

At issue is a data matching proposal first discussed with office in 1995 (see attached). Office staff approved a pilot project to gather data for a cost-benefit analysis but expressed two serious reservations: HRDC use of any retroactive data, and failure to notify travellers of this totally unrelated use of customs information.

Unable to convince the two departments to drop the most egregious features of the proposal or that there was a Charter issue at stake, the Commissioner sought legal advice. During these discussions the Charter concern was confirmed.

"One thing must be clear in everyone's minds as we pursue this case; I do not support Canadians ripping off their neighbours by cheating on EI," said Phillips. "I find the practice as offensive as the next taxpayer. However - and it's a big however - I find it an even more abhorrent notion that government agencies can use their power and their databases to effectively search every returning traveller without an assumption of innocence, without some reasonable grounds to suspect certain individuals and without independent authorization. These are powers we do not even grant the police."

Another reason for Phillips' court challenge is the precedent the match could set.

"If the practice of sharing and matching unrelated personal data, gathered under compulsion of law, becomes widespread--to catch cheats, to save money, to become more efficient--then the government will have declared open season on its citizens. The Privacy Act will be reduced to noble statements of principle but meaningless in practice; invoked to prevent release of potentially difficult information, and circumvented at will when administratively or politically advantageous."

"No privacy commissioner could remain mute in the face of this threat to a value that is at the heart of our freedom." Phillips added.

Information: Sally Jackson (613) 995-8566, 1(800) 267-0441