ArriveCan’s erroneous orders urging 10,200 Canadians to quarantine breached Privacy Act, commissioner says

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ArriveCan’s erroneous orders urging 10,200 Canadians to quarantine breached Privacy Act, commissioner says
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The automated messages were the result of a database error that mistakenly characterized some fully vaccinated travellers as unvaccinated

Erroneous orders from the federal government’s ArriveCan app urging more than 10,000 Canadians to quarantine last year under threat of heavy fines was a violation of the Privacy Act, privacy commissioner Philippe Dufresne says.

The commissioner said the Canada Border Services Agency failed to ensure that a decision of that magnitude was always overseen by a human public servant. The report also said the agency took too long to fix the problem and is currently refusing to correct the known errors that remain in the database.

The government has responded to criticism of the app by pointing to the fact it required dozens of updates in order to keep pace with constantly changing health policies related to the pandemic. The commissioner says the issues raised in the investigation “constitute a failure by CBSA to take all reasonable steps to ensure the accuracy of the information that it used in an administrative decision, and thereby contravene” the Privacy Act.According to the commissioner’s report, the agency has responded by refusing to the implement a recommendation to correct the erroneous information in its database.

He also says the situation shows why Canada urgently needs to update its privacy, artificial intelligence and data protection legislation and ensure new laws apply to federal departments and agencies.

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