As mentioned previously, I’ve been conducting research with academics at the University of Victoria to understand the relationship(s) between social networking companies’ data access, retention, and disclosure policies for the past several months. One aspect of our work addresses the concept of jurisdiction: what systems of rules mediate or direct how social media companies collect, retain, use, and disclose subscribers’ personal information? To address this question we have taken up how major social networking companies comply, or not, with some of the most basic facets of Canadian privacy law: the right to request one’s own data from these companies. Our research has been supported by funding provided through the Office of the Privacy Commissioner of Canada’s contributions program. All our research has been conducted independently of the Office and none of our findings necessarily reflect the Commissioner’s positions. As part of our methodology, while we may report on our access requests being stymied, we are not filing complaints with the federal Commissioner’s office.
Colin Bennett first presented a version of this paper, titled “Real and Substantial Connections: Enforcing Canadian Privacy Laws Against American Social Networking Companies” at an Asian Privacy Scholars event and, based on comments and feedback, we have revised that work for a forthcoming conference presentation in Malta. Below is the abstract of the paper, as well as a link to the Social Science Research Network site that is hosting the paper.
Any organization that captures personal data in Canada for processing is deemed to have a “real and substantial connection” to Canada and fall within the jurisdiction of the Personal Information Protection and Electronic Documents Act (PIPEDA) and of the Office of the Privacy Commissioner of Canada. What has been the experience of enforcing Canadian privacy protection law on US-based social networking services? We analyze some of the high-profile enforcement actions by the Privacy Commissioner. We also test compliance through an analysis of the privacy policies of the top 23 SNSs operating in Canada with the use of access to personal information requests. Most of these companies have failed to implement some of the most elementary requirements of data protection law. We conclude that an institutionalization of non-compliance is widespread, explained by the countervailing conceptions of jurisdiction inherent in corporate policy and technical system design.
Download the paper at SSRN
There have been lots of good critiques and comments concerning Facebook’s recently announced “Graph Search” product. Graph Search lets individuals semantically query large datasets that are associated with data shared by their friends, friends-of-friends, and the public more generally. Greg Satell tries to put the product in context – Graph Search is really a a way for corporations to peer into our lives – and a series of articles have tried to unpack the privacy implications of Facebook’s newest product.
I want to talk less directly about privacy, and more about how Graph Search threatens to further limit discourse on the network. While privacy is clearly implicated throughout the post, we can think of privacy beyond just a loss for the individual and more about the broader social impacts of its loss. Specifically, I want to briefly reflect on how Graph Search (further?) transforms Facebook into a hostile discursive domain, and what this might mean for Facebook users.
For the past several months I’ve been conducting research with academics at the University of Victoria to understand the relationship(s) between social networking companies’ data access, retention, and disclosure policies. One element of of this research has involved testing whether these networks comply with the Personal Information Protection and Electronic Documents Act; do social networks provide subscribers access to their personal data when a subscriber asks? Another element has involved evaluating the privacy policies of major social networks: how do these companies understand access, retention, and disclosure of subscriber data? We’ve also been investigating how law enforcement agencies access, and use, data from social networking companies. This research has been supported by funding provided through the Office of the Privacy Commissioner of Canada’s contributions program. All our research has been conducted independently of the Office and none of our findings necessarily reflect the Commissioner’s positions.
Colin Bennett presented a draft of one of the academic papers emergent from this research, titled “Forgetting, Non-Forgetting and Quasi-Forgetting in Social Networking: Canadian Policy and Corporate Practices.” It was given at the 2013 Computers, Privacy and Data Protection Conference. Below is the abstract of the paper, as well as a link to the Social Science Research Network site that is hosting the paper.
In this paper we analyze some of the practical realities around deleting personal data on social networks with respect to the Canadian regime of privacy protection. We first discuss the extent to which the European right to be forgotten is, and is not, reflected in Canadian privacy law, in regulation, and in the decisions of the Office of the Privacy Commissioner of Canada. After outlining the limitations of Canadian law we turn to corporate organizational practices. Our analyses of social networking sites’ privacy policies reveal how poorly companies recognize the right to be forgotten in their existing privacy commitments and practices. Next, we turn to Law Enforcement Authorities (LEAs) and how their practices challenge the right because of LEAs’ own capture, processing, and retention of social networking information. We conclude by identifying lessons from the Canadian experience and raising them against the intense transatlantic struggle over the scope of the new Draft Regulation.
Download paper at SSRN (Download from alternate source)
Canadian news routinely highlights the ‘dangers’ that can be associated with social networking companies collecting and storing information about Canadian citizens. Stories and articles regularly discuss how hackers can misuse your personal information, how companies store ‘everything’ about you, and how collected data is disclosed to unscrupulous third parties. While many of these stories are accurate, insofar as they cover specific instances of harm and risky behaviour, they tend to lack an important next step; they rarely explain how Canadians can get educated on data collection, retention, and disclosure processes.
Let’s be honest: any next step has to be reasonable. Expecting Canadians to flee social media en masse and return to letter writing isn’t an acceptable (or, really, an appropriate) response. Similarly, saying “tighten your privacy controls” or “be careful what you post” are of modest value, at best; many Canadians are realizing that tightening their privacy controls does little when the companies can (and do) change their privacy settings without any notice. This post is inspired by a different next step. Rather than being inspired by fear emergent from ‘the sky is falling’ news stories, what if you were inspired by knowledge that you, yourself, gained? In what follows I walk you through how to compel social networking companies to disclose what information they have about you. In the process of filing these requests you’ll learn a lot more about being a member of these social networking services and, based on what you learn, can decide whether you want to change your involvement with particular social media companies.
I start by explaining why Canadians have a legal right to compel companies to disclose and make available the information that they retain about Canadian citizens. I then provide a template letter that you can send to social networking organizations with which you have a preexisting relationship. This template is, in effect, a tool that you can use to compel companies to disclose your personal information. After providing the template I explain the significance of some of the items contained in it. Next, I outline some of the difficulties or challenges you might have in requesting your personal information and a few ways to counteract those problems. Finally, I explain how you can complain if a company does not meet its legal obligation to provide you with a copy of your personal information. By the end of this post, you’ll have everything you need to request your personal information from the social networking services to which you subscribe. Continue reading