PIAC calls for providers to detail COVID-19 tracing involvement

The Public Interest Advocacy Centre is asking for all Canadian telecommunication service providers to disclose any steps they’ve taken to trace the spread of COVID-19 and for the CRTC to inquire into all activities. In its Part 1 application lodged with the regulator on Monday, PIAC calls for the CRTC to require all telecoms to detail any contact tracing activities and discussions with governments and companies. PIAC also calls on the regulator to ensure confidential customer information rules in the Telecommunications Act aren’t breached by any apps, and to prevent TSPs from engaging in location tracking or using customer databases without gaining explicit consent for that data to be used for tracking the spread of COVID-19. Meeting those requirements would then become a condition of offering telecommunication services, PIAC outlines in its application. The application also calls for an inquiry officer to be appointed, or alternatively, a formal notice of consultation to be launched. PIAC general counsel John Lawford said in a phone interview that the Telecommunications Act already includes “strict” privacy rules for service providers to comply with, but there’s currently no regular public reporting detailing how telecoms are ensuring they follow those rules. PIAC’s application would simply add transparency and accountability to a process telecoms were already supposed to be complying with, Lawford said, something that was necessary because of the “unprecedented” nature of the pandemic and the swift roll-out of tracking apps. In his application, Lawford argues subsection 7 of the telecom act requires an analysis in addition to general privacy laws, but also that a higher standard of privacy be met to satisfy the promotion of subscriber privacy than that outlined generally for private commerce in the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA has rules requiring companies to obtain lawful authority to collect personally identifiable information, such as location information. However, if those companies are given that lawful authority by, for example, a court order, there are no rules requiring the disclosure of that information. In his application to the CRTC, Lawford said any contract tracing system must occur in the “fairest, most open and transparent manner, non-coercively and only for the intended purpose(s).” “PIAC also believes that any information or databases, algorithms or insights, should not be used for any extraneous commercial, government or other purpose as a result of any potential tracking, via apps or at the network level or both, and that any information or databases must be destroyed once such contact-tracing for this disease is no longer required,” the application said. Lawford said in a phone interview that PIAC was not trying to undermine contact tracing for public health purposes, but instead to ensure there was a federal framework around its deployment. He said he had no specific knowledge of telecom companies being involved in discussions about a contact tracing app, but the application was instead based off a “healthy suspicion.” “At the very least they should be inquiring into what’s going on so they know their privacy rules are being respected. If no one grabs this hot potato it’s just going to be the provinces doing what they want and that may or not be appropriate,” Lawford said. “Part of this is to get it out in the open, part of it is to get a framework and it’s also to remind people if you use the phone system, because of the importance of telecom law and how deep it goes... you have to follow the rules.” PIAC’s application comes three days after the government of Alberta became the first Canadian province to unveil a contact-tracing app. The app, called ABTraceTogether and developed by the government in partnership accounting giant Deloitte LLP, uses Bluetooth technology to identify other nearby phones that also have the app installed. Users of the app who later test positive to coronavirus will be asked to voluntarily upload their location information to Alberta Health Services contact tracers, according to the provincial health service’s website. The app stores personal data on a cell phone device for 21 days before deleting it and the only personal information required to download the app is a cell phone number, which contact tracers will use to provide users with actions to take if they report testing positive to the virus or if they have been in proximity to an app user who has reported a positive test result. In order for the app to work on iPhones, the app must be kept in the foreground when users go outside, where the app is open and the phone is unlocked. The app can operate in either the background or foreground on Android phones. Alberta information and privacy commissioner Jill Clayton said in a Friday statement that she supported Alberta Health’s efforts to enhance contact tracing processes. “In my view, Alberta Health has chosen a less intrusive approach in deploying this app, while continuing to rely on the human expertise required for effective contact tracing,” Clayton said. “Ensuring this app is voluntary, collects minimal information, uses decentralized storage of de-identified Bluetooth contact logs, and allows individuals to control their use of the app are positive components. People diagnosed with COVID-19 also decide whether to disclose to public health officials the contact log stored on their phone.” Clayton said in the statement that her office had conducted an initial review of a privacy impact assessment of the app, received last week, and had sent questions to Alberta Health to clarify certain aspects, including confirmation that the data collected through the app would not be used for any purpose other than contact tracing. The Wire Report revealed on Mar. 31 that the government of Alberta, as well as the City of Ottawa, had been in contact with Quebec engineer Jean Phillipe-Monfet about an app he was developing to track the spread of COVID-19. At the time, Alberta government spokesperson Tom McMillan declined to comment on individual talks, but said the government was “considering any and all approaches that can help limit the spread of COVID-19 and protect Albertans.” Innovation Minister Navdeep Bains last month said the federal government was in the “early stages” of using cellphone data for COVID-19 tracking. — With reporting by Adam Langenberg at alangenberg@thewirereport.ca and editing by Anja Karadeglija at akarad@thewirereport.ca

PIAC calls for providers to detail COVID-19 tracing involvement

News | May 4, 2020

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PIAC calls for providers to detail COVID-19 tracing involvement

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