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Privacy concerns emerge over TV citizenship stunt

This image taken from video, shows a citizenship reaffirmation ceremony broadcast on the Sun News network in October 2011.
This image taken from video, shows a citizenship reaffirmation ceremony broadcast on the Sun News network in October 2011.

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Date: Monday Feb. 6, 2012 8:52 PM ET

OTTAWA — The personal information of hundreds of new Canadians might have been misused during the planning of a citizenship ceremony televised on the Sun News network, say privacy and immigrant advocates.

The NDP lodged a complaint with the federal privacy commissioner over the matter Monday.

Bureaucrats at Citizenship and Immigration Canada were directed by minister Jason Kenney's office last fall to organize a citizenship reaffirmation ceremony at the Toronto-based station on short notice. New citizens were to re-take their oath for the show.

A civil servant wound up drafting six fellow employees to pose as new Canadians when not enough newly naturalized Canadians showed up for the shoot.

But before that happened, Kenney's office asked that the department find 10 TV candidates.

"(Minister's office) is wondering whether Department would be able to solicit interest amongst 10 new Canadians to proceed to the Sun studio to simply reaffirm their citizenship," wrote Alexandra Hiles, a departmental liaison within Kenney's office.

Departmental staff in Toronto began calling "clients" of the department, or in other words, people who had a citizenship file with the feds. The records suggest that names were provided to communications staff of the department who do not process citizenship applications.

"It was my understanding that lists of clients were going to be provided to Comms (Communications) and that Comms would be calling the clients. Is Mississauga also trying to find potential clients for this activity?" wrote one regional director.

Another employee wrote: "I wanted to provide you with a quick update on how responsive/unresponsive the clients have been ... all the clients that are calling back are declining the request as they have to attend work and are not able to take the time off to participate in this reaffirmation ceremony."

"Manny and I have been calling clients all morning. We phoned approx. 300 clients that received citizenship at our office in August and September," wrote one supervisor at a Toronto departmental office.

"Those that we did get a hold of were not interested because they have to work. At this rate, we would have to call 3,000 to find 10."

The judge who conducted the reaffirmation ceremony, Aris Babikian, had initially offered to find the candidates himself but that idea was quashed by the department.

The Canadian Press asked for "all records" around the ceremony under the Access to Information Act, but none of them include discussions on the legality of dipping into a database of citizens.

Retired colonel Michel Drapeau, an Ottawa-based lawyer who specializes in access to information and privacy issues, said there appears to have been a breach of the Privacy Act.

He points to a section that says personal data under the control of a government institution shouldn't be used "except for the purpose for which the information was obtained or compiled by the institution or for a use consistent with that purpose."

There are exceptions, but none of them refer to promotional or media activities.

"In this case, when I see it, anybody and everybody who submitted their information to the government of Canada to become a Canadian citizen did not say 'You can use this information to use me as a political prop or an advertising prop or whatever else it is'," said Drapeau.

Under the current Conservative government, the federal telecom regulator created a Do Not Call list to deter telemarketers. Statistics Canada axed the long-form census out of government concerns of intrusiveness.

Immigration lawyer Lorne Waldman said just a call from the immigration department can set off anxiety among some of his clients.

"I have serious concerns that the use of the information in this fashion was clearly not for the purposes for which the information was provided," Waldman said.

"The successful applicants had already been granted citizenship, the files had been closed, and to access it for what was obviously a publicity stunt for the minister is not a legitimate public purpose, and I would think it would be a breach of the Privacy Act."

But privacy specialist Valerie Steeves from the University of Ottawa said the matter might fall into a grey area because a citizenship ceremony is an inherently public act.

"My status as a new Canadian is not a private one. ... It's definitely a secondary purpose, they've repurposed the information from providing client services to me to doing their own self promotion," said Steeves, of the department of criminology.

"I might not be too happy if they called and I'd have the right to say no, but it seems to me that my status of citizen is still a matter of publicity."

NDP immigration critic Don Davies wrote to federal privacy commissioner Jennifer Stoddart on Monday asking her to investigate whether the Act was breached.

"If the personal information of these new Canadians was used, without their consent, for the material and political gains of a private television channel, it would set a troubling precedent," Davies wrote.

Anne-Marie Hayden, a spokeswoman for Stoddart, said the office couldn't speculate on whether there had been a violation of the Act without conducting a detailed examination.

"If, however, an individual who was contacted has concerns that this may have been a privacy violation, they could file a complaint with our office and we would investigate," Hayden said.

Kenney spokeswoman Candice Malcolm said "all privacy laws were followed in this case."

"Citizenship and Immigration Canada repeatedly scores well in various reports when it comes to its management of information, under privacy and access laws," Malcolm said.

"Most recently, in the 2011 Treasury Board review, CIC received the highest possible rating, 'Strong', for its dealing with (access to information and privacy) governance issues."

The access-to-information documents show that staff within Kenney's office specifically asked for their names to be blacked out before release to The Canadian Press, a request not always made by political employees.

Bureaucrats suggested to Kenney's office and to Sun News that the network instead tape one of the many actual citizenship ceremonies taking place across Canada during citizenship week last October.

Kenney's office and the Sun pushed for the ceremony.

During question period in the House of Commons last Thursday, Kenney blamed the presence of stand-in new Canadians on the bureaucrats.

"I became aware that in a reaffirmation ceremony last year following logistical problems that the situation was poorly handled," Kenney said.

"I regret that, but that in no way should undermine the importance and value of special reaffirmation ceremonies which we encourage all Canadians to participate in."

The two Sun News co-hosts who referred to the "new Canadians" in the studio that day have also said they were unaware of the snafu until The Canadian Press began asking questions.

Comments are now closed for this story

Sam C
said

When this story first broke I thought, "Yeah, this is a bit of a sham, but no harm done." I hadn't considered the privacy issue. If I run a business and collect names and contact info of customers, it is solely for the purpose of sending them info on upcoming sales, or perhaps notifying them if there is a recall on the product they bought. I can't just start calling them and inviting them to appear in my latest TV ad. The government has at least violated the spirit of the Privacy Act, if not the letter of the law..


island girl
said

get over it....


Disgusting
said

Just a disgusting display all around. It appears our government knows where it's priorities lie, in favors to those who worked so hard getting them elected.


Doug On
said

Is anybody really pontificating on this with a straight face? It's not as if they were holding up funding announcement, oversized, publicity cheques, No agenda here, of course, but I can't wait for tomorrow's stunning revelation about the feds.


testy
said

This government is royally incompetent.I miss the Liberals.


Joe Mc
said

Funny eh, i can imagine Kenney's office staff, working under the direction of the HARPO PMO, looking for names in this database. I think this person would be good, i can't pronounce their name.!? this is the normal behavior of the HARPO Govt trying to fabricate their possible long-term in office. Buying and spending money on false advertisement to try and convince Canadians they're doing good things. ITS A TOTAL MARKETING SHAM people, wake up, before it's too late, email your members of parliament and voice your displeasure


BG in BC
said

Is this the best dirt or example of gross missconduct that the NDP dig up? The opposition should be finding more worth while matters to spend it's time looking into. This is a real waste of tax payer's money.


mike
said

I didnt get a call and I am very disappointed. Oh ya I am five generations Canadian.This is not news, and why would the NDP try to get a fellow government employee in trouble who is unionized. They made a mistake, and I suppose the NDP left wingers dont.


Joan in Real World
said

Documents show this all started in Kenney's office, and still, Kenney blames the bureaucrats. Nothing says CONs like lying over and over and over again!


Bumcrack USA
said

Sun News....The "don't worry, we'll just fake it" News Organisation.


Tom in Calgary
said

This Harper government feels that they own us and we are here to fall in line with their ideology. It, therefore, does not surprise me that they would access private lists of citizens for their own political gain. I am sure this is not the first time.


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