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Data wars: Why technology advocates believe privacy regulations need serious reform – Financial Post

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As chief executive of Tehama Inc., an Ottawa-based tech company that provides software tools to facilitate remote work, Paul Vallee knows quite a bit about data and technology, but even he doesn’t know where all his data goes these days.

In theory, every Canadian is supposed to give consent to any collection of their personal information, but in practice, he said, people just click “I agree” without knowing what they’re signing up for.

“We need to make consent real. I don’t even get a receipt for my consent,” Vallee said. “You know, normally when I sign a contract, I receive a copy of my contract in the mail, and I can at least inventory all my contracts. This is the Wild West. It’s ridiculous.”

Technology advocates and political leaders say a detailed report last week by the Financial Post on how Tim Hortons’ mobile ordering app tracks users and figures out where they live, work and visit competitors shows how commonplace such activity is, but also highlights the need for serious policy reform on how we regulate data and privacy issues.

The Tim Hortons app is just one of many that may have confusing privacy policy statements. For example, mall owner Cadillac Fairview Corp. Ltd. earlier this week released a new app that asks users for permission to access the phone’s GPS device: “Your location lets us deliver you custom content special to your location,” the app states.

Language in the app’s privacy policy appears to give the company latitude to do the same kind of broad-based tracking that Tim Hortons does in the name of providing targeted promotional offers.

“We may also retain information about the frequency and duration of your visits to particular shopping centres and use this information to provide you with location-based offers and promotions,” the Cadillac-Fairview app states in the location section of its privacy policy.

This is the Wild West. It’s ridiculous

Paul Vallee

Such language could potentially give Cadillac-Fairview latitude to track customers’ visits to competing retailers, but a company executive said the company only meant to say the app may track users inside its shopping malls.

“The app does not log user location data away from CF shopping centres; as such, the policy is referring to particular CF shopping centres,” Jose Ribau, executive vice-president, Digital & Innovation, said in an email. “We recognize the opportunity to be more clear about this and will address this in the next iteration of our privacy policy.”

Ribau said customers cannot create an account through the app, so none of the data is identifiable to particular individuals.

The Cadillac-Fairview’s app is just another one whose privacy policies are written with broad language that gives companies enormous latitude to collect user information in the name of targeted marketing and product improvements.

The Tim Hortons app is just one of many that may have confusing privacy policy statements.

The Tim Hortons app is just one of many that may have confusing privacy policy statements.

Photo Illustration by Gigi Suhanic/National Post

Without seeking clarification from the company on how location information is collected and processed, individual users often have no way of knowing what a company is doing behind the scenes.

Technology advocates say the broader issue of data collection and privacy is something governments urgently need to regulate.

Jim Balsillie, former co-CEO of the company now known as BlackBerry Ltd., has been calling for a national data strategy that would set limits on how companies can use data, but also offer a clear framework for how Canadian business can thrive in the data economy.

“You have to have a strategy for this to say, how do we get the good and not the bad? And we’ve done this a lot with worker rights and social welfare and environmental stuff,” he said. “Like, we want a production economy, but we don’t want people pouring mercury in the water table.”

Jim Balsillie.

Jim Balsillie.

Tyler Anderson/National Post files

Balsillie said people should be thinking about individualized, targeted advertising as more than a benign innovation, because it really amounts to behaviour modification.

“It’s an economic opportunity, but it’s also an enormous threat,” he said. “We lose free markets and we lose democracy in this new mutant form of capitalism, and it’s permeating everybody’s business model.”

One constant among nearly everyone who spoke to the Financial Post for this story is the sense that data privacy rules need to change.

Conservative MP Michelle Rempel Garner, who serves as the party’s critic on innovation, science and industry issues, has been calling for individuals to have more control and ownership over their data. But she said that can only happen if the government puts policies in place to force companies to be more transparent about what data is being collected and why.

We lose free markets and we lose democracy in this new mutant form of capitalism, and it’s permeating everybody’s business model

Jim Balsillie

“From my perspective, the policy intervention should be more control toward the consumer,” Garner said. “If one coffee shop is using your data in the background and another one isn’t, you might use that as a determining choice on which store to frequent, but the point is that you can’t make that choice if the information isn’t transparent.”

More than a year ago, the federal government released a “Digital Charter” that laid out a series of principles meant to guide future privacy law reforms. At the time, the government acknowledged that people have a hard time trusting technology because they don’t know how their data is being used.

“What is clear is that Canadians want more transparency in how their data is being collected and how it is being used,” the Digital Charter said. “Current consent-based models with complex and lengthy privacy policies are inadequate and do not help to build trust.”

The government has yet to reform privacy and data protection laws based on the principles outlined in that document, but Innovation, Science and Industry Minister Navdeep Bains said it might bring legislation forward in the fall.

Bains said that without clear rules and stronger enforcement mechanisms, citizens are liable to lose trust in the digital services that companies provide, and that will have a corrosive effect on the economy.

Innovation, Science and Industry Minister Navdeep Bains.

Innovation, Science and Industry Minister Navdeep Bains.

Blair Gable/Reuters files

“It’s important not only for consumers, but companies need to recognize that if they break this trust, this hurts their brand, this hurts their ability to move forward,” he said. “It’s important to protect Canadians, but I think it’s important for companies to understand as well that they cannot continue to operate like this, because it fundamentally erodes the most important aspect of any relationship which is founded on trust.”

Technation, the country’s main technology industry lobby group, acknowledges that reforming Canada’s privacy laws would be a good thing. Nevin French, vice-president of public policy at Technation, said technology companies want rules that are broadly in line with other countries, and ones with enough flexibility to change over time in order to keep up with the pace of innovation.

“We want to work with government, but we don’t want to be surprised. Knowing what’s coming allows the industry to get ready for that,” he said.

Vallee has a more radical idea. He warns that he gets passionate when he talks about data and privacy issues. But he doesn’t use the normal cliches — data is not a gold rush, nor is it the new oil — instead, he said data should be regulated like music.

Putting a value on the collection and use of data, even a small cost, forces businesses to ask if it’s really worth it

“What I’m calling for is for data being a personal property right much in the way a song that you wrote is yours to monetize, and others can use it but not without paying you,” he said. “It doesn’t need to be a large cost for this to have economic advantage. Suddenly you might be getting 25 to 50 bucks a months in your pocket from these licensing fees, but the other advantage is that you would also be able to have an inventory of who is monetizing data about you.”

One of the problems with the big data economy at its core is that information is so cheap to harvest, everyone does it even if they don’t know how to use it.

Putting a value on the collection and use of data, even a small cost, forces businesses to ask if it’s really worth it.

“We had big data a long time ago, we just had expensive big data. What’s happening with the march of time is that the cost of storing and accumulating and analyzing that data has been declining every year,” Vallee said. “I should be willing to pay the equivalent of a performance fee for the data about you.”

Financial Post

• Email: jmcleod@nationalpost.com | Twitter:

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AI could help scale humanitarian responses. But it could also have big downsides

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NEW YORK (AP) — As the International Rescue Committee copes with dramatic increases in displaced people in recent years, the refugee aid organization has looked for efficiencies wherever it can — including using artificial intelligence.

Since 2015, the IRC has invested in Signpost — a portfolio of mobile apps and social media channels that answer questions in different languages for people in dangerous situations. The Signpost project, which includes many other organizations, has reached 18 million people so far, but IRC wants to significantly increase its reach by using AI tools — if they can do so safely.

Conflict, climate emergencies and economic hardship have driven up demand for humanitarian assistance, with more than 117 million people forcibly displaced in 2024, according to the United Nations refugee agency. The turn to artificial intelligence technologies is in part driven by the massive gap between needs and resources.

To meet its goal of reaching half of displaced people within three years, the IRC is testing a network of AI chatbots to see if they can increase the capacity of their humanitarian officers and the local organizations that directly serve people through Signpost. For now, the pilot project operates in El Salvador, Kenya, Greece and Italy and responds in 11 languages. It draws on a combination of large language models from some of the biggest technology companies, including OpenAI, Anthropic and Google.

The chatbot response system also uses customer service software from Zendesk and receives other support from Google and Cisco Systems.

If they decide the tools work, the IRC wants to extend the technical infrastructure to other nonprofit humanitarian organizations at no cost. They hope to create shared technology resources that less technically focused organizations could use without having to negotiate directly with tech companies or manage the risks of deployment.

“We’re trying to really be clear about where the legitimate concerns are but lean into the optimism of the opportunities and not also allow the populations we serve to be left behind in solutions that have the potential to scale in a way that human to human or other technology can’t,” said Jeannie Annan, International Rescue Committee’s Chief Research and Innovation Officer.

The responses and information that Signpost chatbots deliver are vetted by local organizations to be up to date and sensitive to the precarious circumstances people could be in. An example query that IRC shared is of a woman from El Salvador traveling through Mexico to the United States with her son who is looking for shelter and for services for her child. The bot provides a list of providers in the area where she is.

More complex or sensitive queries are escalated for humans to respond.

The most important potential downside of these tools would be that they don’t work. For example, what if the situation on the ground changes and the chatbot doesn’t know? It could provide information that’s not just wrong, but dangerous.

A second issue is that these tools can amass a valuable honeypot of data about vulnerable people that hostile actors could target. What if a hacker succeeds in accessing data with personal information or if that data is accidentally shared with an oppressive government?

IRC said it’s agreed with the tech providers that none of their AI models will be trained on the data that the IRC, the local organizations or the people they are serving are generating. They’ve also worked to anonymize the data, including removing personal information and location.

As part of the Signpost.AI project, IRC is also testing tools like a digital automated tutor and maps that can integrate many different types of data to help prepare for and respond to crises.

Cathy Petrozzino, who works for the not-for-profit research and development company MITRE, said AI tools do have high potential, but also high risks. To use these tools responsibly, she said, organizations should ask themselves, does the technology work? Is it fair? Are data and privacy protected?

She also emphasized that organizations need to convene a range of people to help govern and design the initiative — not just technical experts, but people with deep knowledge of the context, legal experts, and representatives from the groups that will use the tools.

“There are many good models sitting in the AI graveyard,” she said, “because they weren’t worked out in conjunction and collaboration with the user community.”

For any system that has potentially life-changing impacts, Petrozzino said, groups should bring in outside experts to independently assess their methodologies. Designers of AI tools need to consider the other systems it will interact with, she said, and they need to plan to monitor the model over time.

Consulting with displaced people or others that humanitarian organizations serve may increase the time and effort needed to design these tools, but not having their input raises many safety and ethical problems, said Helen McElhinney, executive director of CDAC Network. It can also unlock local knowledge.

People receiving services from humanitarian organizations should be told if an AI model will analyze any information they hand over, she said, even if the intention is to help the organization respond better. That requires meaningful and informed consent, she said. They should also know if an AI model is making life-changing decisions about resource allocation and where accountability for those decisions lies, she said.

Degan Ali, CEO of Adeso, a nonprofit in Somalia and Kenya, has long been an advocate for changing the power dynamics in international development to give more money and control to local organizations. She asked how IRC and others pursuing these technologies would overcome access issues, pointing to the week-long power outages caused by Hurricane Helene in the U.S. Chatbots won’t help when there’s no device, internet or electricity, she said.

Ali also warned that few local organizations have the capacity to attend big humanitarian conferences where the ethics of AI are debated. Few have staff both senior enough and knowledgeable enough to really engage with these discussions, she said, though they understand the potential power and impact these technologies may have.

“We must be extraordinarily careful not to replicate power imbalances and biases through technology,” Ali said. “The most complex questions are always going to require local, contextual and lived experience to answer in a meaningful way.”

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The Associated Press and OpenAI have a licensing and technology agreement that allows OpenAI access to part of AP’s text archives.

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Associated Press coverage of philanthropy and nonprofits receives support through the AP’s collaboration with The Conversation US, with funding from Lilly Endowment Inc. The AP is solely responsible for this content. For all of AP’s philanthropy coverage, visit https://apnews.com/hub/philanthropy.

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Ottawa orders TikTok’s Canadian arm to be dissolved

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The federal government is ordering the dissolution of TikTok’s Canadian business after a national security review of the Chinese company behind the social media platform, but stopped short of ordering people to stay off the app.

Industry Minister François-Philippe Champagne announced the government’s “wind up” demand Wednesday, saying it is meant to address “risks” related to ByteDance Ltd.’s establishment of TikTok Technology Canada Inc.

“The decision was based on the information and evidence collected over the course of the review and on the advice of Canada’s security and intelligence community and other government partners,” he said in a statement.

The announcement added that the government is not blocking Canadians’ access to the TikTok application or their ability to create content.

However, it urged people to “adopt good cybersecurity practices and assess the possible risks of using social media platforms and applications, including how their information is likely to be protected, managed, used and shared by foreign actors, as well as to be aware of which country’s laws apply.”

Champagne’s office did not immediately respond to a request for comment seeking details about what evidence led to the government’s dissolution demand, how long ByteDance has to comply and why the app is not being banned.

A TikTok spokesperson said in a statement that the shutdown of its Canadian offices will mean the loss of hundreds of well-paying local jobs.

“We will challenge this order in court,” the spokesperson said.

“The TikTok platform will remain available for creators to find an audience, explore new interests and for businesses to thrive.”

The federal Liberals ordered a national security review of TikTok in September 2023, but it was not public knowledge until The Canadian Press reported in March that it was investigating the company.

At the time, it said the review was based on the expansion of a business, which it said constituted the establishment of a new Canadian entity. It declined to provide any further details about what expansion it was reviewing.

A government database showed a notification of new business from TikTok in June 2023. It said Network Sense Ventures Ltd. in Toronto and Vancouver would engage in “marketing, advertising, and content/creator development activities in relation to the use of the TikTok app in Canada.”

Even before the review, ByteDance and TikTok were lightning rod for privacy and safety concerns because Chinese national security laws compel organizations in the country to assist with intelligence gathering.

Such concerns led the U.S. House of Representatives to pass a bill in March designed to ban TikTok unless its China-based owner sells its stake in the business.

Champagne’s office has maintained Canada’s review was not related to the U.S. bill, which has yet to pass.

Canada’s review was carried out through the Investment Canada Act, which allows the government to investigate any foreign investment with potential to might harm national security.

While cabinet can make investors sell parts of the business or shares, Champagne has said the act doesn’t allow him to disclose details of the review.

Wednesday’s dissolution order was made in accordance with the act.

The federal government banned TikTok from its mobile devices in February 2023 following the launch of an investigation into the company by federal and provincial privacy commissioners.

— With files from Anja Karadeglija in Ottawa

This report by The Canadian Press was first published Nov. 6, 2024.

The Canadian Press. All rights reserved.

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Here is how to prepare your online accounts for when you die

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LONDON (AP) — Most people have accumulated a pile of data — selfies, emails, videos and more — on their social media and digital accounts over their lifetimes. What happens to it when we die?

It’s wise to draft a will spelling out who inherits your physical assets after you’re gone, but don’t forget to take care of your digital estate too. Friends and family might treasure files and posts you’ve left behind, but they could get lost in digital purgatory after you pass away unless you take some simple steps.

Here’s how you can prepare your digital life for your survivors:

Apple

The iPhone maker lets you nominate a “ legacy contact ” who can access your Apple account’s data after you die. The company says it’s a secure way to give trusted people access to photos, files and messages. To set it up you’ll need an Apple device with a fairly recent operating system — iPhones and iPads need iOS or iPadOS 15.2 and MacBooks needs macOS Monterey 12.1.

For iPhones, go to settings, tap Sign-in & Security and then Legacy Contact. You can name one or more people, and they don’t need an Apple ID or device.

You’ll have to share an access key with your contact. It can be a digital version sent electronically, or you can print a copy or save it as a screenshot or PDF.

Take note that there are some types of files you won’t be able to pass on — including digital rights-protected music, movies and passwords stored in Apple’s password manager. Legacy contacts can only access a deceased user’s account for three years before Apple deletes the account.

Google

Google takes a different approach with its Inactive Account Manager, which allows you to share your data with someone if it notices that you’ve stopped using your account.

When setting it up, you need to decide how long Google should wait — from three to 18 months — before considering your account inactive. Once that time is up, Google can notify up to 10 people.

You can write a message informing them you’ve stopped using the account, and, optionally, include a link to download your data. You can choose what types of data they can access — including emails, photos, calendar entries and YouTube videos.

There’s also an option to automatically delete your account after three months of inactivity, so your contacts will have to download any data before that deadline.

Facebook and Instagram

Some social media platforms can preserve accounts for people who have died so that friends and family can honor their memories.

When users of Facebook or Instagram die, parent company Meta says it can memorialize the account if it gets a “valid request” from a friend or family member. Requests can be submitted through an online form.

The social media company strongly recommends Facebook users add a legacy contact to look after their memorial accounts. Legacy contacts can do things like respond to new friend requests and update pinned posts, but they can’t read private messages or remove or alter previous posts. You can only choose one person, who also has to have a Facebook account.

You can also ask Facebook or Instagram to delete a deceased user’s account if you’re a close family member or an executor. You’ll need to send in documents like a death certificate.

TikTok

The video-sharing platform says that if a user has died, people can submit a request to memorialize the account through the settings menu. Go to the Report a Problem section, then Account and profile, then Manage account, where you can report a deceased user.

Once an account has been memorialized, it will be labeled “Remembering.” No one will be able to log into the account, which prevents anyone from editing the profile or using the account to post new content or send messages.

X

It’s not possible to nominate a legacy contact on Elon Musk’s social media site. But family members or an authorized person can submit a request to deactivate a deceased user’s account.

Passwords

Besides the major online services, you’ll probably have dozens if not hundreds of other digital accounts that your survivors might need to access. You could just write all your login credentials down in a notebook and put it somewhere safe. But making a physical copy presents its own vulnerabilities. What if you lose track of it? What if someone finds it?

Instead, consider a password manager that has an emergency access feature. Password managers are digital vaults that you can use to store all your credentials. Some, like Keeper,Bitwarden and NordPass, allow users to nominate one or more trusted contacts who can access their keys in case of an emergency such as a death.

But there are a few catches: Those contacts also need to use the same password manager and you might have to pay for the service.

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Is there a tech challenge you need help figuring out? Write to us at onetechtip@ap.org with your questions.

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