No-fly list curbs privacy rights: commissioner 'Quite a nightmare' ahead for some; Stoddart urges updated privacy act

Don Butler, The Ottawa Citizen
Published: Friday, June 08, 2007

Canada's new no-fly list could become "quite a nightmare" for ordinary Canadians, warns Canada's privacy commissioner.

In an interview with the Citizen, Jennifer Stoddart reiterated that the no-fly list, which takes effect for all domestic and international flights June 18, represents a "serious incursion" into the privacy and mobility rights of Canadians.

The air-security program "could have been a lot worse," she said, had officials from her office not worked closely with Transport Canada to address privacy issues. "We've been able to suggest ways in which it has been improved from the initial drafts that we saw."

But she remains concerned about "the increasingly intrusive use of your identity in order to make decisions about you as an individual that are pretty drastic.

"This could turn into quite a nightmare for some ordinary citizens. Every time we go to the airport, do we expect to be challenged? That may be the new world."

Ms. Stoddart said cases of mistaken identify are likely to occur, which means innocent travellers will experience "the rather chilling fact of finding yourself singled out."

She also expressed dismay at comments by a Transport Canada official who told the Air India inquiry this week that Canada cannot keep the new no-fly list out of the hands of foreign governments.

"I'm surprised to read about this," she said. "It doesn't sound as if it's completely well thought out."

She said Transport Canada officials had stressed how "small and precise" the no-fly list would be. "I'm a bit puzzled that now we seem to be fairly unconcerned about the way it is implemented and the fact that it could be widely disseminated."

Though people on the no-fly list can appeal to an "Office of Reconsideration," Ms. Stoddart said that's not sufficient. "It's better than nothing, but I don't think it's an adequate approach."

She said Transport Canada has yet to provide her office with any evidence that implementing a no-fly list will actually improve air safety.

"One understands their national security considerations, but increasingly one wonders how effective is this going to be. Is this simply going to widen into another net through which to filter civil categories of people?"

Ms. Stoddart said the fundamental problem is that the Privacy Act needs a major update to adequately protect the privacy of Canadians.

The current Act, which predates the Charter of Rights and Freedoms, "never foresaw something like being on a no-fly list," she said.

"If you are on the list, your rights are quite minimal in terms of challenging this and seeking redress under the Privacy Act."

Canada badly needs enhanced privacy rights, she said, because new threats to privacy continue to emerge.

"Today it's the no-fly list. Tomorrow it will be something else."

Ms. Stoddart encouraged those who find themselves on the no-fly list to challenge their inclusion and report the outcome to her office.

"If nobody tells us what their experiences are, it's hard for us to gain any more insight."

   

I would support a no-fly list. If used properly, it can stop a health epidemic(like the tb incident) or people with questionable backgrounds from doing something on the airplane. Also, if you aren't supposed to leave Canada, then this provides one more obsticle for you to get around.