The Federal Government’s recent initiative to modernize law enforcement related legislation for the Internet age has (at least within law enforcement and privacy circles) once again propelled the issue of privacy vs. security to the forefront. The issues are incredibly important for Canadians, yet there has been little debate within the wider public. That being said, I’m pleased to read Ian MacLeod’s recent Ottawa Citizen article, which (even if you don’t agree with some of the points) does a good job of raising the issues in plain language. For a more technical analysis of the legal issues, you may want to read fellow blogger David Fraser’s post regarding the debate about warrantless access to ISP customer information.
The debate surrounding the “lawful access” legislation stems from real challenges affecting Canada’s law enforcement agencies and their need for access to personal information in the course of investigations. What is concerning, however, is the prospect of warrantless searches without judicial oversight. As a citizen in a free and democratic society, it troubles me to see any legislative initiative that could lead to investigations without appropriate checks and balances. Privacy and security don’t need to be mutually exclusive. Let’s hope that through the upcoming Parliamentary Hearings on the “lawful access” legislation we see a balance emerge between privacy and security in such a way that empowers law enforcement agencies while preserving the judicial oversight that Canadians have come to rightfully expect in our society.
