TELECOMMUNICATIONS PRIVACY PRINCIPLES

Department of Communications 1992

MESSAGE FROM THE MINISTER OF COMMUNICATIONS

Privacy concerns are not new. Human beings have always taken
measures to ensure that others would not invade their private
space. However, today we have far more to worry about than
straightforward physical intrusion on our domain.

Advanced communications and information technologies have made
many more subtle privacy intrusions possible. Most Canadians
would not want to give up the benefits of services such as caller
identification and products such as the cellular telephone. But
they also want to protect their privacy rights: the right to
protection against unwanted intrusion, the right to control the
use of information about themselves and the right to remain
anonymous. To achieve this balance, we need to pay closer
attention to the privacy implications of information technologies
at all stages of their development and use.

As Minister of Communications, I have the responsibility to
develop a public policy framework that balances the privacy
interests of individuals with the social and economic benefits of
advanced telecommunications services and product.

The Telecommunications Privacy Principles described in this
document provide that framework. They are the result of public
consultations that have taken place over the past year
--consultations with privacy advocates, with telecommunications
service providers, with provincial governments, with the Privacy
Commissioner and with consumer groups.

For telecommunications service providers, it is good business to
be responsive to customers. I hope that the Principles will form
the basis for cooperation between businesses and consumers in
reinforcing privacy in telecommunications services to Canadians.
To all those who have contributed to the process of developing
these Principles, I extend my thanks.

Perrin Beatty Minister of Communications

INTRODUCTION Advances in telecommunications, coupled with
computer software, have revolutionized communications. These same
developments now present both threats and opportunities with
regard to personal privacy. There are two key factors associated
with this development. First, more and more per- sonal and
business transactions are conducted electronically over
telecommunications networks. Second, computer-based
telecommunications and information services are making it easier
and less expensive to collect, store, access, match and
redistribute information about individuals and their
transactions.

Despite the many public and private initiatives under way to
address public concerns over privacy protection in telecommu-
nications, there is a need for greater coherence and focus The
Principles outlined below are intended to ensure that the demand
for more efficient and sophisticated telecommu- nications
services is balanced with appropriate safeguards for personal
privacy. The Principles also recognize that the priva- cy needs
of different users can vary and that it is necessary to strike a
balance between these various needs.

In this context, privacy means: protection against unwanted
intrusion, that is the right to be left alone and not to be
monitored;

the ability to control information about oneself, and one's
activities;

the right to remain anonymous.

The Principles were developed for all providers of telecommu-
nications services including regulated telecommunications
carriers, resellers, enhanced service providers and private net-
work operators.

1. Canadians are accustomed to having one of the best
telecommunications systems in the world. Users expect to be able
to communicate with one another easily and at reason- able cost.
Users also expect that their personal privacy will be protected
when using telecommunications services:

CANADIANS VALUE THEIR PRIVACY. PERSONAL PRIVACY CONSIDERATIONS
MUST BE ADDRESSED EXPLICITLY IN THE PROVISION, USE AND REGULATION
OF TELECOMMUNICATIONS SERVICES.

2. With rapid advances in telecommunications technology, both
aspects of user privacy--that is the ability to control the
outflow of information about oneself and to be protected against
unwanted intrusion--are now in jeopardy. Many Canadians are
unaware of these potential threats to their privacy:

CANADIANS NEED TO KNOW THE IMPLICATIONS OF THE USE OF
TELECOMMUNICATIONS SERVICES FOR THEIR PERSONAL PRIVACY. ALL
PROVIDERS OF TELECOMMUNICATIONS SERVICES AND GOVERNMENT HAVE A
RESPONSIBILITY TO COMMUNICATE THIS INFORMATION, IN AN
UNDERSTANDABLE AND ACCESSIBLE FORM.

3. Computer technology in telecommunications networks enables
service providers to offer and consumers to choose from a variety
of services with varying degrees of privacy protection. Some
technologies, such as caller display, present advantages for many
users. However, this same technology is seen by others as a
threat to their personal privacy:

WHEN TELECOMMUNICATIONS SERVICES THAT COMPROMISE PERSONAL PRIVACY
ARE INTRODUCED, APPROPRIATE MEASURES MUST BE TAKEN TO MAINTAIN
THE CONSUMERS' PRIVACY AT NO EXTRA COST UNLESS THERE ARE
COMPELLING REASONS FOR NOT DOING SO.

4. Modern telecommunications networks and services con- tain a
host of features which make them more efficient. However, these
features also make it easier to collect, store, access, match and
redistribute information about individuals and their
transactions. Privacy concerns arise when this infor- mation is
made available to third parties without the consent of the
individuals involve:

IT IS FUNDAMENTAL TO PRIVACY THAT THERE BE LIMITS TO THE
COLLECTION, USE AND DISCLOSURE OF PERSONAL INFORMATION OBTAINED
BY SERVICE PROVIDERS AND GENERATED BY TELECOMMUNICATIONS
NETWORKS. EXCEPT WHERE CLEARLY IN THE PUBLIC INTEREST, OR AS
AUTHORIZED BY LAW, SUCH INFORMATION SHOULD BE COLLECTED, USED AND
DISCLOSED ONLY WITH THE EXPRESS AND INFORMED CONSENT OF THE
PERSONS INVOLVED .

5. Many consumers resent the unsolicited and intrusive
communications that result from the growing use of com-
puter-controlled calling equipment. While this equipment can
fulfil legitimate business needs, its potential for invading
personal privacy Is of increasing concern:

FUNDAMENTAL TO PRIVACY IS THE RIGHT TO BE LEFT ALONE. A BALANCE
SHOULD EXIST BETWEEN THE LEGITIMATE USE OF UNSOLICITED
TELECOMMUNICATIONS AND THEIR POTENTIAL FOR INTRUSION INTO
PERSONAL PRIVACY. ALL PARTIES HAVE A RESPONSIBILITY TO ESTABLISH
GROUND RULES AND METHODS OF REDRESS SO THAT CANADIANS ARE ABLE TO
PROTECT THEMSELVES FROM UNWANTED AND INTRUSIVE
TELECOMMUNICATIONS.

6. Changes in telecommunications technology and services may in
time alter our notion of privacy:

PRIVACY EXPECTATIONS OF CANADIANS MAY CHANGE OVER TIME. METHODS
OF PROTECTING TELECOMMUNICATIONS PRIVACY MUST BE REVIEWED FROM
TIME TO TIME TO MEET THESE CHANGING EXPECTATIONS AND TO RESPOND
TO CHANGING TECHNOLOGIES AND SERVICES.


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