On October 29, 2004, the British Columbia Information and Privacy Commissioner released an advisory report on the privacy implications of the USA Patriot Act.
Background
Following the 9-11 terrorist attacks, the United States government enacted the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act(also known as the USA Patriot Act). The USA Patriot Act amended a number of US statues which governed law enforcement and intelligence gathering.
Of concern to foreign governments was section 215, which amended a number of US intelligence statutes. The effect of the amendments was to:
In the spring of 2004, the British Columbia government announced plans to contract management of the Medical Services Plan to a US based company.
In response to this proposal, the British Columbia Government and Service Employees’ Union (the “BCGEU”) commenced a lawsuit to block implementation of the contract. The basis of the lawsuit was that the USA Patriot Act allowed the US government to obtain personal information of British Columbians in violation of the British Columbia Freedom of Information and Protection of Privacy Act.
Due to intense media and public interest in the BCGEU lawsuit and the application of the USA Patriot Act generally, the British Columbia Information and Privacy Commissioner sought public submissions on the privacy issues surrounding the proposed contract. The Commissioner received over 500 submissions from businesses, organized labour and individual citizens. Submissions were also received from the FBI and the U.S. Department of Homeland Security.
The Report
On October 29, 2004, the Commissioner released his report. The report concludes that outsourcing of public services to the private sector is not prohibited by the British Columbia Freedom of Information and Protection of Privacy Act.
However, because there is a reasonable possibility of unauthorized disclosure of British Columbians’ personal information under the USA Patriot Act, it is the Commissioner’s view that rigorous measures must be put into place to mitigate against illegal and surreptitious access by the US government.
The report contains sixteen recommendations to ensure that the personal information of British Columbians is protected in light of the USA Patriot Act or similar legislation. The recommendations include:
Following the issuance of the report, the Provincial Government confirmed its belief that its proposed contract with the US based company for management of the Medical Services Plan contains sufficient safeguards to protect the personal information of British Columbians.
These safeguards include:
The lawsuit commenced by the BCGEU is ongoing.