Pirate Party of Canada Evidence Based Policy Making

Respect Privacy

The privacy of the individual should be respected at all times.

We feel that citizens’ right to private and confidential communication is vital, but at present it is not respected. We will forbid third parties from intercepting or monitoring communication traffic (i.e. telephone calls, post, Internet traffic, emails), and require specific warrants to be issued by a court before the police are allowed to monitor communications traffic.

We will ensure that the freedom to encrypt data and communications is not abridged or limited and that access to the tools that make secure communications easier is not restricted.

We will significantly strengthen data protection laws, ensuring that companies holding personal information give data subjects more information about their rights; apply a standardized minimum level of security to data; and are clear about their policies on data retention and amendment.

Cross-domain tracking , multi-site tracking or tracking outside the tracker’s own domain will require user’s active acknowledgement, notwithstanding any privacy policy posted on the website. Similar form of acknowledgement is required if collected information are passed to third party, with the list of the third parties recipients provided to the user.

We will make it easier to apply to a court for compensation where data protection laws have been breached, and

increase the penalties for any breaches of data protection laws. We will allow the courts to apply these penalties to both the individuals and companies responsible, proportionally to the scale of the breach.

We will insist that searches of personal property should only be done with reasonable suspicion of a serious

criminal offence, and that any targeted surveillance requires a warrant. We will also introduce an annual independent audit of all cases in which surveillance is used, using the results to ensure that any legislation that allows intrusive acts is no broader than absolutely required and is used appropriately.

We will introduce laws on the acceptable use of CCTV cameras in both public and private spaces. While we recognize that there are arguments for the use of CCTV under some circumstances, it should not be considered a replacement for police officers on the beat, and it must not be used as an excuse for unrestricted spying on the public.

We want clearer guidelines and restrictions on the use of DNA records by authorities, to ensure samples are only taken voluntarily, or when there are reasonable grounds to suspect the individual of having committed a serious offence. Samples should be promptly destroyed if the individual is acquitted or not charged with a criminal offence, and they should only be held for the length of time for which there is a reasonable suspicion that the suspect has committed a crime.

The following policies have been approved by the Political Council and will be sent to the membership to be voted on:

-The Pirate Party will legislate with the principle in mind that the privacy of the individual should be respected at all times.

 

-We will forbid private third parties from intercepting or monitoring communication traffic (i.e. telephone calls, post, Internet traffic, emails), and require specific warrants to be issued by a court before the police or government agency are allowed to monitor communications traffic (including meta data).

 

-We will ensure that the freedom to encrypt data and communications is not abridged or limited and that access to, and creation of, the tools that make secure communications possible is not restricted.

 

-We will significantly strengthen data protection laws, ensuring that companies and the government holding personal information give people more information about their rights; apply a effective level of security to data; and are clear about their policies on data retention and amendment of said policies. A person who chooses to permanently delete their data on a private web service has the right to expect that their online data has been permanently deleted with the exception of a minimal amount of data for billing purposes. This does not include the data that the user has voluntarily shared in the past and is beyond the of control of the provider.

 

-Oppose mandatory data retention laws that require service providers to retain user’s private information. This practice violates a user’s privacy rights.

 

-We will make it easier to apply to a court for compensation where data protection laws have been breached. We will also

increase the penalties for any breaches of data protection laws, proportionally to the scale of the breach.

 

-Impose penalties on service providers and telecom companies who give out private information to third parties (including government) without a warrant or user consent.

 

-We will insist that searches of personal property should only be done with reasonable suspicion of a serious criminal offence, and that any targeted surveillance requires a warrant. We will also introduce an annual independent audit of all cases in which surveillance is used, using the results to ensure that any legislation that allows intrusive acts is no broader than absolutely required and are used appropriately.

 

-We will create clearer guidelines and restrictions on the use of DNA records by authorities, to ensure samples are either taken voluntarily, or when there are reasonable grounds to suspect the individual of having committed a serious offence or with a court order. These samples will be promptly destroyed if the individual is acquitted or not charged with a criminal offence, and they will only be held for the length of time for which there is a reasonable suspicion that the suspect has committed a crime or if convicted.

 

-Implement strict guidelines for cabinet ministers accessing citizen health, military, and tax records. It will require all access to be logged and reason given stating the purpose of the access.

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