PRIVACY COMMISSIONER TAKES AIM AT BYLAWS

Encroaching surveillance of citizens, by bylaw, the subject of a
letter to Township council from the privacy commissioner, has been
referred to staff for a presentation.

Information and Privacy Commission David Loukidelis in a letter
"strongly urges" council to consider repealing any existing bylaws
which require local businesses to report personal information on
customers, to the municipality or the police.

Loukidelis makes an exception for pawnbroker and secondhand dealer bylaws.

Loukidelis says that as bylaws forcing businesses to act as data
collection agencies for government proliferated, he became concerned
that their privacy implications weren't being considered.

His office made a survey of the use of these bylaws, and their impact
on privacy measured against their real, not perceived, effectiveness.

A resulting discussion paper (available at
www.oipc.bc.ca/publications/SurveillanceBylawDiscussionPaper.pdf)
"speaks for itself," writes Loukidelis.

"But our essential message to British Columbia's local government is
one of self-restraint."

Loukidelis believes local governments should not pass what amount to
surveillance bylaws in an effort to fight crime of various kinds.

While he appreciates the need to ensure that our communities are
safe, "the effectiveness of these bylaws is open to question, while
the cumulative, creeping impact of such (reporting) initiatives on
everyone's privacy is real and of considerable concern.

Loukidelis says the provincial Safety Standards Amendment Act,
requiring the reporting of unusual electrical consumption,
"essentially eliminates the case for muncipal bylaws aimed at
marijuana grow-ops."

His discussion paper mentions bylaws which require reporting of
personal information to control adult entertainment businesses such
as escort services and body-rub parlours. Other businesses targeted
by bylaws in some municipalities include private mailbox rentals,
sale of pepper spray and the sale of hydroponic equipment.

Bill Storey, senior Township bylaw enforcement officer, says that
with the exception of the pawnbroker/secondhand bylaw, Township has
no such reporting bylaws. However, it has been considering one
related to the sale of drug paraphernalia.