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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.

Abstract:

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)