Fingerprinting LSAT Test-Takers Violates Canadian Privacy Statute

In response to a privacy complaint about the practice of fingerprinting by the Law School Admission Council (LSAC) of Law School Admission Test (LSAT) candidates, in early 2006 the Federal, Alberta and British Columbia Privacy Commissioners launched a joint investigation (previously reported in ETIPS®, Canadian Privacy Commissioners Conduct Probe into LSAT Fingerprinting Practice, Vol 4, No 17, March 1, 2006). On May 29, 2008, the Federal Privacy Commissioner (Commissioner) issued her report of findings. Given the negative connotations associated with fingerprinting and the criminal process, the Commissioner characterized the taking of thumbprints as highly privacy-invasive and although acceptable in certain circumstances, such as matters of public safety or national security, LSAT administration was not such a circumstance. The Commissioner held that the presentation of valid photo identification was sufficient to properly authenticate candidates and therefore, was a less privacy-invasive method to reduce the possibility of impersonation. The Commissioner concluded that the complaint was well-founded and recommended that the LSAC permanently cease collection of thumbprints and limit retention of photographs to five years. For the Commissioner's Executive Summary and Investigation Report, visit: http://www.privcom.gc.ca/cf-dc/2008/exec_080529_e.asp; and http://www.privcom.gc.ca/cf-dc/2008/cf-dc_rep_080529_e.asp Summary by: Lauren Lodenquai