The Information and Privacy Commissioner for British Columbia, David Loukidelis, sent the following letter to the Honourable David Collenette, Minister of Transport, supporting the position of the Privacy Commissioner of Canada on Bill C-55.

May 3, 2002

The Hon. David Collenette, PC, MP
Minister of Transport
Room 104, East Block, House of Commons
Ottawa, Ontario K1A 0A6

Dear Minister:

Bill C-55, Public Safety Act, 2002 ("PSA") - compulsory disclosure of personal information to law enforcement agencies - OIPC File No. 15403

I write regarding Bill C-55, the proposed Public Safety Act. I am concerned that proposed s. 4.82 will, in one important respect, unacceptably harm the privacy rights of British Columbians. My federal colleague, the Privacy Commissioner of Canada, has already clearly articulated the privacy concerns raised by s. 4.82 and I endorse what he has said.

Section 4.82 would give the RCMP the power to compel any air carrier or operator of an aviation reservation system to disclose detailed information about an individual. This information could be used for transportation security reasons. The public interest in using such a power is, in the case of terrorism, compelling, although the efficacy of the measure is not clear.

However, under the proposed section, the RCMP would also be empowered to seize information regarding persons for whom certain warrants have been issued. This extends the power beyond anti-terrorist activities and into ordinary law enforcement. Section 4.82 would authorize the state to seize information from private businesses without prior judicial authorization. It would, in effect, allow a law enforcement agency to place the travelling public under surveillance. This measure is a major shift in public policy - a precedent for a dramatic enhancement of the state's power to seize information about citizens. It would force citizens to indirectly identify themselves and disclose their movements. It would also unnecessarily intrude government into the affairs of the private sector and co-opt the private sector as an arm of the state.

I strongly urge you to amend s. 4.82 and limit it to transportation security matters.

Yours sincerely,

David Loukidelis
Information and Privacy Commissioner
for British Columbia

cc: George Radwanski, Privacy Commissioner of Canada
Stephen Harper, Leader of the Canadian Alliance
Gilles Duceppe MP
The Right Hon. Joe Clark PC MP
Alexa McDonough MP
Provincial/Territorial Information and Privacy Commissioners