Juno News - January 26, 2022
Former privacy commissioner Ann Cavoukian on vaccine passports and erosion of privacy
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Summary
Dr. Ann Kavukian is the Executive Director of the Global Privacy and Security by Design Center and the former privacy commissioner in Ontario, who served as the former Privacy Commissioner in Ontario for three terms. She is the founder of the global privacy and security by design centre and a passionate advocate for privacy and freedom. In this episode, Dr. Ann talks to me about her views on vaccine mandates and vaccine passwords, and the privacy concerns around them.
Transcript
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we are back this is the andrew lawton show here on true north obviously this show has i don't want
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to say devolved because as i mentioned earlier these are important issues and i think if political
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leaders aren't taking them up certainly we need to in the public sphere and in media independent
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media all of that but i do want to talk about vaccine mandates and vaccine passwords from a
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different perspective here we touched last week on what's happening in europe and this migration
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towards what a lot of people fear is becoming a surveillance state it's not just about the
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segregation of society based on vaccination status but the implications of having to show that of
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having to log that and this is a discussion that we haven't really had as a country in canada privacy
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rights in general i'd say are not things that seem top of mind on the political agenda so i want to
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talk about this and there's no one better than dr ann kavukian who was for three terms the privacy
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commissioner in ontario and also is the executive director of the global privacy and security by
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design center and as her twitter bio says a lover of privacy and freedom who joins me now
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and wonderful to talk to you thanks very much for joining me today oh it's my pleasure andrew thank
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you you wrote a tremendous piece on your substack back in october that i wanted to start off on here
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because you challenged a presumption i've always had about a lot of the things that i've argued for and
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i've always viewed freedom as being really that fundamental base unit that you need to live the
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good life as they say in political theory but you said that there's something more fundamental to that
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you argued that privacy is needed to enjoy freedom and and i want to get to the vaccine passports and
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the vaccine mandates but but i first wanted to set you up to explain what you mean by that
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i've always said that privacy forms the foundation of our freedom you cannot have free and open societies
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without a solid foundation of privacy where you the individual get to decide what information you
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choose to disclose and to whom and how it's used you have to have control over this what that to me is
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what freedom is all about so privacy and freedom go hand in hand we've often viewed i think for a lot
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of people the big threats against privacy is coming from corporations certainly in the last decade or so
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big tech censorship big tech companies like facebook and google amassing these huge troves of data about
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you we're in a new era now though vaccine passports are one of many examples where something that used
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to be in a distant era would have or even a not so distant era would have been your private information
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your private choices is now part of your identity in a way that you must use that to access public sphere
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but it's not private corporations that are imposing that it's government oh i think government
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government is our greatest concern now quite frankly because their ability to usurp our information
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to tell us what to do and expect us just to accept that they in my view are seeking much greater control
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and they're getting control when you look at the the covid pandemic they are scaring people to death
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and when people live in a world of fear then they just it just eradicates their lives they go along
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with whatever not because they agree with it but because they feel they have no choice and they're
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scared for their lives governments are who we have to look after right now in terms of usurping our
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freedoms when it comes to privacy i know the five words you've heard that must just make your skin
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crawl or if you have nothing to hide dot dot dot and and at the same time though we're seeing this in
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the vaccine passport discussion people who say well if you're fully vaccinated what's the big deal why do
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you care so much and i'm having trouble convincing some of those people why they should care about
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these measures if they're on board with the particular output they're they're fully vaccinated
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why should those people still care about these incursions you're talking about
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because it's your full life your freedom i mean just because you're vaccinated first of all there
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are so many myths associated with being vaccinated and the strength of the vaccines
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it is appalling and so don't think for a minute that just because you've been vaccinated everything
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is fine most of the people appearing in the hospitals now with covet are fully vaccinated fully
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boosted everything so and that let me go back to that line you started with well if you have nothing
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to hide you have nothing to fear right wrong that could have been the motto of the stasi police and
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the third right because it presumes that the government has a right of access to all your information
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and you should open up your life to them and give them whatever they want and that's not what freedom
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is about that's not what privacy is about it is usurping the role of individuals and personal
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control privacy is all about personal control over the use and disclosure of your personal information
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that's what freedom is about government is totally trying to change the narrative to say that well what's
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the problem why shouldn't you get the vaccine we're telling you you should be doing this well you got
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nothing to hide right wrong it has nothing to do with that well this is why i've been so unsettled
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by people who have been especially in the uk right now where they've basically revoked all of their
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covid restrictions people heaping praise on these governments and i i'm unsettled by this because it
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reinforces that very idea that there they were government's freedoms to give and government's freedoms
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to take away which we know is not the case and and i think so many people especially in canada are so
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beaten down by now about lockdowns and restrictions that they'll be grateful when these things are
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lifted at least in some form i mean i i had a conversation a little while ago with someone about
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masks on planes and i i said you know it's something that i fear will be here forever and they say well
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you know if that's the only restriction left then i i can live with it so people have already
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accepted this idea that they have to settle for less than we're supposed to have in a free society
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but here's what we're not seeing in mainstream media there is so much opposition to this
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over the weekend there were protests in countries all over the world opposing vaccine mandates
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passports etc um a hundred thousand in brussels there was a huge one in london in uh dublin uh here in
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toronto on saturday there was huge protests and got no coverage whatsoever and all across the country
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so people are objecting to this many many people you're not hearing about it on mainstream media
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that's the problem so do not think that this is being widely accepted and it's fine and we're just
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going to go along with this no we're not we value our freedom we value our privacy we're going to stand
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up for our personal rights and when you're talking about vaccine mandates and passports we're talking
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about the most sensitive personal information that exists your personal health information your medical
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data this doesn't belong to anybody in the public it belongs to you and your physician whoever you
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choose to disclose it to you shouldn't have to be expected to present a passport on this it is absurd
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one of the things i wanted to ask you about anne is this idea of of systems that are being built
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by governments now that i think will outlive the pandemic your background obviously you were the
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creator of privacy by design you know very well the idea of specifically building privacy and protection
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of data into systems and it strikes me that if that's possible then government can do the opposite
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which is build into systems the premise that there is no privacy build into systems the idea that our
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data do not belong to us but belong to the government and my fear in this has always been that the vaccine
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passports we have now sure you're vaccinated against covid maybe you're boosted that's fine but this thing
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could very easily be applied to flu shots it could be very easily be applied to other things and i don't
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think a lot of people in certainly in mainstream media and i would say in government as well are talking
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about the longer term implications of these systems that are being designed and this infrastructure that
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right now is being created no that's right andrew the potential expansion of this to other areas
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is is uh dramatic and very frightening to me because it it will usurp our freedoms in multiple areas
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where the government has no and let's be frank the government being in control of our information
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they have a terrible record in terms of securing any of the data not disclosing it to third parties
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or unauthorized it's appalling the thought of it just makes me quiver so no the government does not
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have a right of greater access and what we need to do and our federal privacy commissioner
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has been trying to get the government to upgrade our privacy laws which were introduced in the early
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2000s have they done anything no this is what is appalling to rely on the government to have to take
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care of our privacy and our freedom is not going to happen we have to stand up we have to speak out
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and so many people are doing this you're just not hearing it on mainstream media that's what concerns me
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so much i want people to know there's so much opposition to this all around the world globally
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don't give up now when you say early 2000s just to give a brief summary of the things that have
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come about since then digital apps smartphones social media platforms qr codes all of these are
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kind of ubiquitous now and you're saying are not covered by the privacy laws we had or at least we're
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not we're not informing the development of those laws they weren't top of mind they weren't on the
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our minds at all because they didn't exist back then we desperately need to strengthen our laws
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for the first time we no longer have essential equivalents with the new law that came into effect
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in europe in 2018 the general data protection regulation the gdpr our long is no longer sufficient
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so we can no longer exchange and trade and engage in business with the eu without fear of reprisal
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and they've said you've got to upgrade your law and you know federal privacy commission
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has been asking the government to do this since 2016 2017 they've done nothing it is appalling
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that we have not moved this forward as we need to you mentioned europe one thing i wanted to ask about
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is their move and i don't know how much you've delved into it but their move into this digital id
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that they're trying to put forward and really make this the cornerstone of your identity across european
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nations and there was a dutch lawyer i read a column from last week that was concerned that
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the vaccine passport will very easily be swept up into this digital id and all of a sudden we're
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talking about something that is connected to your banking information your residency your employment
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your mobility how real is something like that in a canadian context i'm hoping it's not that real
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simply because it takes us forever to do anything yeah bureaucracy may be the saving grace on this
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but i i fear the digitization of identity digital id like they're doing in europe then europe will go to
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great lengths to protect it uh with the ggpr make sure it's not centralized see that's part of the key
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part you don't want this data centralized if your digital id is centralized then it can be accessed by
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multiple third parties often unknown unauthorized you may not be aware of it so you have to take
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enormous precautions if we go down that route of digital id and i don't think we're ready for that
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let's go back to an ontario context here you served as the privacy commissioner three terms i think
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you're the still the reigning record holder for time you've served in that position did you find that
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the resistance you were getting was from politicians that were fundamentally opposed to
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these things or was it just from people that didn't think it was a priority or didn't think it was
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all that important you know it was with the government uh the political parties whenever
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there was a political party wasn't the government yet they were all for privacy totally for protecting
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our data etc then when they became the government all that changed it shifted they wanted to control
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data they want to control over our data and this is what concerns me enormously is that governments
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have this belief that they somehow have to be in control of people's information
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and decide how it's going to be structured and everything and so i am very concerned uh especially
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with our existing governments i truly am that this is the direction they're going in they feel like
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they've got this pass now with the vaccine mandate and passports and they've got all this control and
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and people are supporting them because they're terrified this is what fears this is the fear that i have
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and we have to resist this very strongly when you talk about a lot of these things it's easy or i guess
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would have been a year ago to be branded as a conspiracy theorist although i think by the more
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of these so-called conspiracies keep coming true in the last year the the less likely people are to
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throw that term around but you raised an important point there which is that the pandemic does seem to
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have provided a convenient opportunity to people that were already committed to certain dimensions of
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pandemic policy specifically just the government control aspect and i fear that that will be magnified in
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the future you know the pandemic we're going to get over the pandemic sooner or later they're going to
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find something else that is my fear is that they're now saying well omicron is going to be around for
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a long time and it'll be with us we need to preserve these precautions we have the flu for years for
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god's sakes you know you get the flu you get over it or you get it treated or whatever there are things
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in existence we can't raise people's fears that the people have to live in fear all the time that is no way to
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live and i fear that governments will go that route to strengthen their control you mentioned earlier
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and that the public is very much growing in its resistance to this and and that story is not being
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told in the mainstream media and i would certainly agree with that but i also at the same time remain
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a bit pessimistic because i have found there are a lot of people that will use that line we were talking
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about earlier of if you have nothing to hide a lot of people that generally speaking have not just
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welcomed but in in some cases invited some of these restrictions do you find yourself optimistic
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or pessimistic generally about where society is and where the culture is on these issues you know i i've
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always been the eternal optimist because you have to be otherwise life is too depressing i'm getting
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very concerned i must admit with the direction this is taking and the growth and the idea as well you
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got nothing to hide i remember one of the first privacy commissioners of new zealand we were at a
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conference together and he said if he will say that to you tell him you know don't you go to bed with
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your husband don't you have something to do don't you have certain things you'd like to keep private
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for god's sakes you have no life for yourself there are things in every life that people choose to keep
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private it's no one else's business and when it comes to medical data that should be right at the top
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i fear we're going to have ongoing problems here but we have to stay strong and vigilant
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please i urge you never give up well just on the note of medical data i know when the government
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which basically has been fairly universal across canada among provinces move towards qr code so you
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can no longer even hand over just a piece of paper you need to have a qr code the government would say
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well you know we're making sure that none of your other data will be stored on this and i always
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thought that was missing the point that the vaccination certificate is itself a piece of
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data it is itself a piece of information about your medical choices and there does seem to be
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something missing there that it's not about how you implement the program as much as the existence
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of this program and i would say the segregation itself yeah qr codes please i mean why do you have to
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present a qr code it is absurd they are so fearful they want to retain this data and have it linked
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with individuals and when you go to places and they ask you for your qr code they also ask you for
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id driver's license health data whatever with a picture on it so that can be linked and the potential
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for tracking your whereabouts your activities surveillance mounts dramatically so where do you think
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if i can try to tap into that optimism you mentioned where do you think that the biggest
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point is here that we can start breaking down on this because governments have generally been
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fairly unrepentant and while there have been some slight disagreements in how provinces have handled
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this liberal conservative ndp they've all basically gone the same direction every province and territory
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has a vaccine passport not everyone has gone the way quebec has yet by talking about
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mandating or fining but generally speaking we're seeing a pretty unified approach on a lot of these
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measures where where do you think the best way to break that apart is i think slowly the lifting of
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vaccine passports will begin and it will take some time i want to be clear i think what people have
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to insist upon is that their freedoms are invaluable that health data associated with your medical
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conditions with the choices you make this should be yours to freely make and not have to display
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to the world what choices you've made this is very personal information and so when i approach people
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along those lines that this is health data that should not necessarily have to be shared if you want
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to do look i always tell people i'm not anti-vax i'm pro-choice i want to preserve our choices preserve
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our privacy and our freedom when you take that route people generally come into agreement so that's
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what i'm urging people to do yeah and i would also add to that as well when these measures are lifted
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in a lot of cases governments will conveniently say that they can lift them because they worked
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and this is what we've seen at the federal level with hotel quarantine for example the federal government
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was told by its own expert panel it wasn't working and then lifts it and says it's no longer necessary
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without actually dealing with the underlying issues with and i i would say that voters citizens have
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to put some pressure on governments when that happens when they lift them don't let them bring
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them back the second we get another scare of oh you know a case count here or this variant or
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whatever the case may be i couldn't agree more but i also want to remind everyone you're not seeing
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it on mainstream media but there's thousands and tens of thousands of people are opposing this there are
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massive protests on the weekend um not just abroad in europe etc in canada in toronto and so people are
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beginning to object to having to reveal their personal sensitive medical data and share it widely
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and just accept what the government is telling us we have to preserve that resistance i think that's an
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incredibly important note to end on and i have to give another plug because that piece you wrote in
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october is still just as relevant if not more so today rise up freedom must prevail and i think
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it's very it's been very informative just even for me personally and the importance to look at privacy
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and freedom is very interlinked and kabukian is the executive director of the global privacy and
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security by design center thank you so much and it's a true pleasure to have you on thank you so much
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andrew it's always a pleasure thanks for listening to the andrew lawton show support the program by