A letter from Commissioner Ann Cavoukian to the Honourable David Collenette, Minister of Transport, on Bill C-55, the proposed Public Safety Act

Summary  An expressed concern and a suggestion to amend section 4.82 of Bill C-55, which empowers the police to seize information from private sector businesses without prior judicial authorization.
Keywords  Surveillence, RCMP, Police, Security, Public safety, Anti-terrorism
Published Date  May 16, 2002
A letter from Commissioner Ann Cavoukian to the Honourable David Collenette, Minister of Transport, on Bill C-55, the proposed Public Safety Act

May 16, 2002


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


Dear Minister:

RE: Bill C-55, Public Safety Act, 2002


I am writing to express my grave concerns regarding section 4.82 of Bill C-55, the proposed Public Safety Act. I also wish to support the views of my federal colleague, George Radwanski, the Privacy Commissioner of Canada, and request that section 4.82 of the bill be amended.

As currently worded, this section would empower the police to seize information from private sector businesses without prior judicial authorization, thereby placing the travelling public under unnecessary and unwarranted surveillance.

While not opposed to legitimate and justified measures required to enhance public safety and security, I do not think the need for this unprecedented power has yet been established. In addition, the proposed power for the RCMP to seize information regarding persons for whom certain warrants have been issued extends clearly beyond anti-terrorism activities and into ordinary law enforcement activities.

I urge you to re-consider the scope of section 4.82, and to amend it in the manner recommended by the federal Privacy Commissioner.


Sincerely yours,


Ann Cavoukian, Ph.D.
Commissioner

cc: George Radwanski, Privacy Commissioner of Canada


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