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Trust, surveillance, AI: B.C.ѻýs Privacy Commissioner talks data rights

'This is part of our public engagement sessions to get peopleѻýs feedback and perspectives'
michael-harvey
Michael Harvey was appointed to the Office of the Information and Privacy Commissioner and the Office of the Registrar of Lobbyists in May 2024.

The provinceѻýs new Information and Privacy Commissioner has been travelling across British Columbia, listening to residents as he develops a strategic plan to guide his officeѻýs future work.

Michael Harvey, appointed in May 2024, leads both the Office of the Information and Privacy Commissioner (OIPC) and the Office of the Registrar of Lobbyists.

One of seven stops, Kelowna hosted a public session on May 27, that brought together representatives from municipal government, healthcare and education sectors, community groups, and non-profit organizations. The discussion covered a wide range of issuesѻýfrom public trust and digital surveillance to the question of whoѻýs responsible for protecting personal data.

ѻýThis is part of our public engagement sessions to get peopleѻýs feedback and perspectives,ѻý Harvey said. ѻýWeѻýre developing ideas that weѻýll releaseѻýhopefully in early fallѻýas a strategic plan to guide the work of our offices.ѻý

A Province-Wide Conversation

Harvey says heѻýs hearing recurring concerns, including frustration with the Freedom of Information system, growing data collection, and questions about the influence of artificial intelligence.

Video surveillance is also drawing scrutinyѻýespecially at the municipal level. ѻýThereѻýs a lot of attention on it there,ѻý Harvey noted, though it's not exclusive to local governments.

Trust in a Digital World


One theme that has surfaced consistently across the province is trust, or the erosion of it.

ѻýThereѻýs a literature in political science that talks about the decline of trust going back for generations,ѻý Harvey said. ѻýIt ties into the rise of television, cable news, and now the internet,ѻý he said.

In Kelowna, participants raised concerns about who is collecting their data, how itѻýs being used, and whether they can trust the information theyѻýre receiving. Harvey says these anxieties are shared across the communities heѻýs visited.

Whoѻýs Watching Whom?

Itѻýs a recurring question Harvey noted. ѻýIs too much personal data being collectedѻýand by whom?ѻý

While he encourages individuals to understand and exercise their privacy rights, he says the burden shouldnѻýt fall entirely on them.

ѻýYes, we need higher rates of data literacy,ѻý he said. ѻýWe should be teaching it in an age-appropriate way throughout our education system. But we also need to build stronger guardrails around how organizations and governments handle personal data.ѻý

B.C.'s Strong Privacy LawsѻýWith Room to Grow

Harvey says B.C. stands out in terms of privacy protection.

ѻýB.C.ѻýs legislation sets a high barѻýin terms of both scope and strength,ѻý he said. ѻýThatѻýs part of why I wanted this job.ѻý

Still, he believes many British Columbians donѻýt realize how well-protected they already are.

ѻýThatѻýs part of the outreach goal that I set. I think if they understood the strength of protection that they have, maybe that would help the trust issue.ѻý

Harvey also pointed out that B.C.ѻýs privacy protection laws are far from perfect.

ѻýThey need to change to keep up to changing demands,ѻý he said. ѻýI'll keep pushing for improvements, but I think that the people of this province should be happy to know that the laws that they have are solid laws and that they're well protected.ѻý 

A Legacy of Advocacy

Harvey credits both political will and a long tradition of advocacy for the strength of B.C.ѻýs privacy and data laws.

ѻýYes, the legislature had to pass these laws,ѻý he said. ѻýBut thereѻýs also been a strong history of commissioners, going all the way back to the mid-1990s when David Flaherty was the first commissioner. He was a giant in privacy circles and the inspiration for a lot of this work.ѻý

That legacy continues today through scholars, institutions, and organizations like the Freedom of Information and Privacy Association (FIPA).

ѻýI think it reflects the sophisticated way people in this province think about access, privacy, and their rights,ѻý Harvey added.

What the Commissioner Actually Does

Harvey said there are four main areas of work his office handles.

Quasi-judicial role: ѻýWe investigate complaints, can issue orders with the force of law, and even impose monetary penalties in lobbying transparency cases. We also initiate our own investigations.ѻý

Education and outreach: ѻýWe raise public awareness and provide information. Thatѻýs why Iѻým out here doing these workshops.ѻý

Research: ѻýWe conduct our own research and encourage others to explore privacy and access issues relevant to our mandate.ѻý

Policy and legislation: ѻýWe comment on new laws, propose legislative reforms, and review privacy impact assessments from public bodies and organizations.ѻý

More Work Ahead

While optimistic, Harvey says his office still has work to do in promoting privacy rights and building public awareness.

ѻýI think thereѻýs more to be done in helping people understand what our office does, the mandates we have, and how they can exercise their rights,ѻý he said.

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About the Author: Gary Barnes

Journalist and broadcaster for three decades.
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