Privacy Commissioner Denounces "Lawful Access" Proposal

In an open letter to the federal government dated November 25, 2002, the Privacy Commissioner of Canada has denounced the Canadian government's "Lawful Access" proposal that would require ISPs to develop the ability to intercept, monitor and store all wireless and Internet traffic data related to a user. The data could be ordered for retention and production by law enforcement agencies. The Commissioner suggests a four-part test to analyze the appropriateness of an encroachment of state power into the privacy of Canadians is not met by the proposal. This four-part test states that the encroachment on privacy must be: (1) necessary to meet a specific need; (2) demonstrably likely to achieve the stated purpose, (3) proportional to the security benefit, and (4) the least intrusive means. For a copy of the letter, visit: http://www.privcom.gc.ca/media/le_021125_e.asp