Thank you very much. I am accompanied by Carman Baggaley, who is a senior policy analyst with our office.
We are very pleased to be here today. We are happy to discuss the implications of certain Canadian aviation security measures in relation to privacy. We commend you for addressing this issue. We would argue that the challenge of integrating privacy and security comes to a head most acutely in the context of aviation security.
Aviation security measures affect us all. They put our personal information in the hands of the most powerful authorities in the land. The risk of misuse that comes with any collection of personal information is all the more consequential in that context. The one message I would like to leave with you today is that effectiveness of security and protection of privacy are not at odds; they both reside in a streamlining of collection of personal information to what is strictly relevant and necessary.
To apply this approach we must look at Canadian values as enshrined in the Charter of Rights and Freedoms and in the Privacy Act. On the basis of these documents as well as on the basis of the case law that interprets them some criteria emerge on how to define how far the government can go in limiting privacy in the interest of security. These criteria may be summarized in four main points: First, the right to privacy is a fundamental right that cannot be infringed upon unless it is demonstrably necessary in the interest of the public good; second, it follows from this that the collection of personal information can only occur when it is proven necessary and it must be proportionate to that necessity; third, that necessity must be assessed on an ongoing basis by verifying that the collection of personal information is indeed effective and necessary in relation to the identified necessity; fourth and finally, it must be demonstrated there are no less privacy-invasive alternatives to meet that necessity.
This lens ensures that we both respect the right to privacy in analyzing security measures and that we duly take into account the security needs that must be met.
I will apply this lens to two aviation security measures currently in use: firstly, the Advanced Passenger Information Program and Passenger Name Record; and secondly, the Passenger Protect Program.
Let us first discuss the Advanced Passenger Information Program and Passenger Name Record. Airlines are required to provide the Canada Border Services Agency with passengers' personal information in advance of their arrival in Canada, as well as the passenger name record, which shows the passenger's travel itinerary. In both cases this information is retained in the Passenger Information System, or PAXIS, for a minimum of three and a half years. Our office expressed concerns about the program from the beginning, and in response the following privacy controls were incorporated into the program: the retention period for the personal information was reduced to what was deemed strictly necessary; we obtained that a progressive depersonalization process be implemented, so that after 72 hours the information on a passenger's identity is separated from his or her travel information; and finally, the use of the personal information is strictly limited to the fight against crime and protection of national security.
Although we are satisfied with these changes, the necessity of collecting such personal information and the safeguards required to protect the information still need to be reviewed.
Moving to the passenger protect program, as you know, and you have just discussed, we have taken an interest in this program. In fact, we audited it most recently. We have found a few areas in which we felt improvements could be made, although we have also found that Transport Canada generally uses adequate measures to protect the personal information within its control.
As you have heard, all of our recommendations have been accepted, and all of them either have been implemented or are being implemented.
Finally, I know you are also interested in the secure flight program. On this matter, at this point, I will only say that it is a U.S. government program and is therefore outside our jurisdiction. However, we will work with Transport Canada and Public Safety Canada to review any measures the Canadian government will implement in response to secure flight.
In closing, I wish to stress the importance of integrating privacy into aviation security measures, to the benefit of both security and privacy, by limiting collection of personal information to what is strictly necessary and justified in a free and democratic society.
I will be happy to take your questions.