Privacy and Cybersecurity Law Group discusses how the pandemic has impacted the smart city agenda
On November 10, the Faculty of Law’s student-run Privacy and Cybersecurity Law Group (PCLG) hosted a lunchtime panel conversation on public digital rights and smart cities during the era of COVID-19. Amanda Cutinha (articling student at Miller Thomson LLP and Research Fellow at the Citizen Lab), Ellie Marshall (associate focusing on health-care, privacy, and cybersecurity at Blake, Cassels & Graydon LLP), and Dr. Brenda McPhail (Director of the Privacy, Technology, and Surveillance program at the Canadian Civil Liberties Association) generously shared their expertise and insights. The panel was moderated by Professor Anthony Niblett (Canada Research Chair in Law, Economics, & Innovation at the Faculty of Law).
The panelists agreed that COVID-19 has transformed our approach to data-driven technology at a high level. They also agreed that, as a consequence of a broader and faster rate of digitalization and growing collaboration between governments and Big Tech, there is a need for digital contact tracing. While the panelists acknowledged great developments in both sectors, they expressed concern about “function creep”, the use of data for a purpose that goes beyond the original specified purpose. The group also exchanged their thoughts on the public expectation of privacy and the adequacy—or lack thereof—of existing policy levers for addressing this pressing issue.
The panelists addressed immediate policy issues such as the need for greater transparency in data and privacy governance, the development of fit-for-purpose privacy legislation, and meaningful enforcement of new technology rules. The conversation highlighted the growing relevance of privacy and cybersecurity in the legal profession with the expansion of the digital world as a new, inescapable public sphere as envisioned by Meta (previously Facebook)’s vision, and with smart city initiatives advanced by local and national governments around the world.
The panelists also highlighted the significance of smart cities, particularly in making governance more efficient via new technologies. However, they expressed concerns about smart cities’ unsavory effects on marginalized populations and the emerging privacy concerns that remain largely unaddressed. They emphasized the importance of ensuring that smart cities are governed democratically, transparently, and in a human-rights centred manner.
The PCLG intends to host more events in the future to engage law students who may be interested in the rapidly-evolving space of privacy and cybersecurity.
Editor’s Note: Isabella Savoie is Co-President of the PCLG. Dongwoo Kim is the 1L representative for the PCLG.
