Law Times

LAW TIMES 12 COVERING ONTARIO'S LEGAL SCENE | MARCH 11, 2019 www.lawtimesnews.com corporation offered its facial recognition database to help the RCMP identify rioters during the hockey riots. But the prov- ince's privacy commissioner found that use inconsistent with the original purpose of its use of that technology, which was to ensure that there was security in B.C. drivers licences and that it would be a fraud protection tool, not a tool to have the RCMP chase down rioters during the Stanley Cup final. "The pivotal notion is the one of necessity and minimization of use to serve that demonstrat- ed necessity," says Bernier. In the private sector, facial recognition technology has been used where consent has been provided and for security. In ca- sinos, for instance, she says, it's been used for individuals with gambling problems who have opted to be excluded from the facility. It is considered a legitimate use because it's based on consent and is privacy protected through biometric encryption, which can only be unlocked if the indi- vidual is present. "This is a construct where the individuals consent to facial rec- ognition being used to help, in this case, curb gambling addic- tion," she says. It can also be used as a secu- rity tool at entry and exit points at highly secure premises. But, she says, it's loaded with privacy risks because of its high capacity to collect personal in- formation and it comes with dangers of accidental disclosure, inaccuracy, misuse and unlaw- ful disclosure. Those privacy risks need to be mitigated for it to be lawful, she says. LT Learning from others possible Continued from page 11 of privacy breaches and fraud. "Open banking gives consumers the ability to provide their consent to allow for financial transaction data to be accessed without requir- ing consumers to give their personal login cre- dentials to third party financial service provid- ers. This can be accom- plished through the use of secure data sharing mechanisms called may application programming interface (API)," it states. "This consultation paper seeks input on how risks related to con- sumer protection, privacy, cyber security and financial stabil- ity should be managed for open banking going forward." As that structure is being developed, Mee points out that Canada still has an overarching privacy law framework in place with which all of the players currently have to comply. That means any collection, use or disclosure of personal in- formation has to be done in compliance with privacy laws, so there are broader protections in place if the open banking pro- cess takes time. Those existing protections might also be deemed adequate to accommodate an open banking framework, she adds. "It's possible that, because we have the underlying privacy framework, that maybe the focus is going to be on security standards, for example," she says. Victoria Allsopp, an associate at Blake Cassels & Graydon LLP, says Canada can benefit from the jurisdictions that have already adopted an open banking framework. She points to the prescriptive approach in the European Union and United Kingdom as one example and Hong Kong as another where industry standards are being developed al- lowing the private sector to come up with solutions that bal- ances the privacy needs with the desire to open up banking. "Canada can kind of benefit from all of those that came before it and learn from their examples and come up with a uniquely Canadian solution," she says. "Approaching it with that caution is probably going to save us more time in the long run." Allsopp adds that, because the financial technology indus- try and financial services have different regulatory regimes and different industry standards, a single solution could be developed to address both. But there may also be a disconnect and it could be deter- mined that a new approach would provide seamless protec- tions and rights around data portability, adds Shah. The EU's open banking framework was developed at about the save time as the GDPR regulations were drafted, so that included rights around data portability, he says. A federal advisory committee under the Department of Finance is expected to review the merits of open banking and starts its second phase this year to assess implementation con- siderations. LT FOCUS Privacy issues raised Continued from page 10 ONTARIO LAWYER'S PHONE BOOK 2019 The Ontario Lawyer's Phone Book 2019 has more than 1,400 pages of indispensable legal references that can connect you with anyone you need. Updated throughout the year, it contains names, phone numbers, mailing addresses and emails so you don't have to search anywhere else. More detail and a wider scope of legal contact information for Ontario: • Over 26,600 lawyers listed • Over 8,700 law firms and corporate offices listed • Telephone numbers, e-mail addresses, office locations and postal codes Includes lists of: • Federal and provincial judges • Federal courts • Ontario courts and services • Small claims courts • The Institute of Law Clerks of Ontario Order your copy today. Visit www.store.thomsonreuters.ca or call 1-800-387-5164 for a 30-day, no risk evaluation Perfectbound Published December each year On subscription $87.50 One time purchase $91 Order No. L7798-7858 ISBN 978-0-7798-8405-6 Multiple copy discounts available Plus applicable taxes and shipping & handling. (prices subject to change without notice) CONNECT INSTANTLY TO ONTARIO'S LEGAL COMMUNITY Untitled-2 1 2019-03-05 1:56 PM Wendy Mee says an open banking framework needs to ensure that any data sharing is done in a secure way. Legal News at Your Fingertips Sign up for the Canadian Legal Newswire today for free and enjoy great content from the publishers of Canadian Lawyer, Law Times, Canadian Lawyer InHouse and Lexpert. Visit www.canadianlawyermag.com/newswire-subscribe THE LATEST NEWS Keep abreast of essential late-breaking legal news and developments. THE BEST COMMENTARY Access trusted analysis and opinion on the cases and changes that are shaping the legal landscape. DELIVERED WEEKLY Your profession can change quickly, which is why you need the freshest, most recent information. FOR READING ON ANY DEVICE Get the news and opinions you need on any device. Whether you read at work, or on the go, the newswire adapts to your screen. Untitled-5 1 2019-03-07 10:50 AM

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