Barwatch

PRIVACY COMMISSIONER SAYS NO, LOCAL BAR OWNER SAYS YES

On July 21, B.C. Information and Privacy Commissioner David
Loukidelis released Order P09-01 prohibiting the scanning of drivers'
licences by bar owners.

Denise Mufford, owner of the Quesnel Hotel for the past five years,
says she is going to keep using it until someone tells her not to.

"I'll be continuing to use mine because it's cut down my incidents by
90 per cent," Mufford said.

"I totally disagree with that [privacy commissioner's decision]."

Mufford believes the use of the driver's licence scanners made by
Treoscope Technologies Inc. enhances the safety of other patrons tremendously.

"The inspector suggested I look into the card swiper, and I bought it
to comply."

"Now I'm caught in the middle," Mufford said.

On the one hand the government inspectors are telling bar owners to
clamp down, tighten security, and on the other hand the government is
taking away what they believe is a useful tool.

At the same time, Mufford feels the current regulations expect bar
owners to become part of law enforcement, expecting them to know and
identify drug users and dealers.

"When did we become babysitters?" Mufford asked.

"As a bar owner I'm not trained to identify who's using drugs and who isn't."

But an inspector with the liquor control board visited Mufford's bar
with the RCMP. They implied that one of the patrons was a dealer.

The patron's driver's licence was flagged in the card-swiper system
and was subsequently denied access when he tried to enter the bar.

What the privacy commissioner would be interested in here is that the
person identified as a drug dealer does not have a police record.

Nonetheless regulations put the onus on bar owners to ask patrons to
leave even if they only suspect them of being drug users or dealers.

"If I don't they can shut me down," Mufford exclaimed.

"I am required to make sure the premises are safe for all patrons,
even if it means I have to go into the bathrooms every ten minutes,"
Mufford explained.

The driver's licence card-swipers have been in use across the
province, including Prince George. Bar associations in several
cities, with the support of the RCMP have instituted Bar Watch
programs that include the card-swiping devices.

Loukidelis said that establishments defying the order to stop using
the card swipers could face a $100,000 fine.

In his decision against the use of the information gathering devices,
Loukidelis cited the fact that bar owners had not provided any
compelling evidence that the devices acted as deterrents to unruly behaviour.

Mufford feels differently.

"I stand behind it, it has really helped me."