Law Times

Page 12 May 16, 2016 • Law TiMes www.lawtimesnews.com The Internet of Things Are devices collecting information on you? MARG. BRUINEMAN For Law Times P ersonal and business devices that are enabled through the Internet are expected to have a huge presence over the next decade, expanding the ways informa- tion about individuals is collect- ed without their knowledge and opening up new security risks and concerns about privacy. Called the Internet of Things, it is a network of devices imbed- ded with electronic software sensors that connect through the Internet to exchange data. That can include the smart me- ter in your house, home moni- toring systems that send alerts to your phone, wearable tech- nology such as fitness trackers, and connected medical devices. The list will expand to include products that science fiction writers perhaps haven't even yet considered. In its research paper released in February, the Office of the Privacy Commissioner of Can- ada estimated that the Internet of Things will have an econom- ic impact of $3.9 trillion to $11.1 trillion per year by 2025. And it found that without adequate protections, these developments may pose significant risks to privacy and security. "Several international ex- perts, thinkers and technol- ogy builders are forecasting profound political, social and economic transformations; concerns about privacy and surveillance are chief among them," begins the paper. "Ulti- mately, today's profiling, track- ing and targeting of individuals or groups by organizations of all kinds are expected to become more nuanced, specific and accurate with the Internet of Things." By connecting to the Internet seamlessly, this ever-increasing number of devices can commu- nicate a wide range of informa- tion. Much of the concern is tied into the idea of informed con- sent, says Martin Kratz, a part- ner with Bennett Jones LLP in Calgary where he leads the in- tellectual property practice. "Part of the challenge here is: Do you know when your de- vices are collecting information on you, where it's going to, how it's being processed, and how it's used?" asks Kratz. "As we con- tinue to populate the environ- ment with devices in our cars . . . in our homes, that are all speaking to each other, we need to start asking the questions of what are the security standards applicable to the data commu- nications, who is collecting that data, what is it being used for, who is it being disclosed to." And, he asks, are users or those being surveilled enti- tled to additional protection in addition to what the law already provides? "That I think is an emerging debate as we will see a num- ber of cases come to the courts where these types of device-gen- erated personal information are sought to be used in ways that might not be expected," says Kratz. Lisa R. Lifshitz, a partner in Torkin Manes LLP's business law group specializing in tech- nology and privacy law, points out that the issue of consent becomes complicated by all the players: the retailer, the manu- facturer, and the entities with which they are involved. She uses the increasingly en- abled and connected car as an example. Smart devices may be handy for the driver, but it goes both ways, allowing manufac- turers and retailers to collect data that may include driving habits and geolocation data, for example. "There's a lot of potential monitoring of consumers going on, so the devices can monitor you through location. They can also monitor certain content, like, for example, depending upon the device, your daily ac- tivities and behaviours, includ- ing audio and video recording," says Lifshitz. "So if you put that all to- gether you end up in a situation where there's a lot of data aggre- gation and you may end up with considerable user profiling. And depending upon the integrity of the data collectors, if this infor- mation gets sold on for second- ary purposes, then that infor- mation ends up in a database somewhere and could be used in many different — and bad — ways, often without the express consent of the consumers. "It's great if you have a fitness tracker, but you don't want the data collected to be used to de- termine whether or not you can get life insurance." Security measures across these devices, she adds, are in- consistent and haphazard. Se- curity needs to be included in the initial development of the device. But part of the chal- lenge is that when the security is baked into the device it can't be updated to react to future risks. That is driven, in part, by competition and the desire to keep prices down and the race to get the products into the mar- ket. "There will be a lot more data out there. There will be a lot more potential for cybersecurity breaches or security breaches or data breaches depending upon how much is collected informa- tion," says Roberto Ghignone, who practises privacy and data security along with health and insurance law with Borden Lad- ner Gervais LLP in Ottawa. More work needs to be done to mitigate these new privacy and security risks, he says. Ghignone sees the need for cybersecurity protections be- cause of the increased potential for the use of the information that is becoming available. But how and when any policies and procedures are rolled out could depend upon the importance of the information and the poten- tial for theft or misuse of it. Initially existing legislation, such as the Personal Informa- tion Protection and Electronic Documents Act, are expected cover those concerns. "And if that proves to not be an effective strategy or proves to not cover off all the concerns, then there may be new regula- tions or new legislation follow- ing," Ghignone adds. At the same time, there are benefits to the devices and the data they have the potential to collect. Streamlined medical devices, for instance, can com- municate vital information. As the Internet of Things becomes a greater part of our lives, how that additional con- venience is balanced with the necessary controls will become an increasing concern. "It has the potential to really improve things," Ghignone says. "It's going to be important to harness both of those and make sure it can be done well but also to not hamper all the benefits that come out of it. "So I think there are going to be, at the very least in the near future, some guidelines on consent on the use on all these things that are being put out. Even though they won't be legis- lation, there will be some guid- ance from the various regula- tors." LT focus B.J.B. Letterio - Law practice on St. Clair Ave. W., over 55 years. Many files in Real Estate, Wills and Estate matters, 2000 sqft over bank. Good for two lawyers, will negotiate terms. If interested please email bjbletterio@on.aibn.com. Real Estate, Wills and Estates To advertise call 416-649-8875 Marketplace L AW TIMES This is more than a phone book. It is your instant connection to Canada's legal network. 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It also: • lists firms and lawyers that have expanded their practice information in their provincial listing • is organized by areas of practice by province, city and page reference in their provincial listings Hardbound • Published February each year • L88804-765 • On subscription $169* • One time purchase $188* Multiple copy discounts available * Plus shipping/handling and applicable taxes ORDER YOUR COPY TODAY! Call 1.800.387.5164 or visit www.carswell.com KEEPING PACE WITH THE CHANGING LEGAL COMMUNITY FOR OVER 130 YEARS Untitled-1 1 2016-04-27 3:26 PM Lisa R. Lifshitz says there's a lot of potential monitoring of consumers going on through devices that collect data.

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