David Loukidelis warns bars and nightclubs to obey privacy legislation
B.C.’s privacy czar has issued a warning to all bar and club owners that they should pay attention to a recent ruling involving the Wild Coyote nightclub in South Vancouver.
Earlier this week, Information and Privacy Commissioner David Loukidelis ordered the club’s owner, Cruz Ventures Ltd., to stop collecting information from scanned photo identification and to destroy any information it has retained from this activity.
Loukidelis also ordered a separate company, TreoScope, to eliminate its database of information collected from scanned photo identification from Wild Coyote customers.
“Some folks seem to think it’s business as usual, and they don’t need to get on side with B.C.’s privacy law,” Loukidelis stated in a July 24 news release. “This decision has implications for all bars in B.C.”
He added that he can’t stop people from filing formal complaints,
“Let’s try to fix this collaboratively instead, and do it soon,” he said.
Individuals who violate the Personal Information and Privacy Act are liable to fines of up to $10,000, and companies can be fined up to $100,000.
In his ruling earlier this week, Loukidelis declared that the South Vancouver nightclub could not force customers to furnish photo identification to be scanned as a condition to enter the premises.
The Wild Coyote posted the following sign near the door: “Entering The Wild Coyote is considered permission to swipe your I.D. and take your picture. This is for security and identification purposes. Your information will not be shared or used for marketing purposes. Refusal to proper I.D. may result in denied entry.”
Loukidelis ruled that this violated section 7.2 of the Personal Information and Privacy Act—noting that the law doesn’t allow does the club to force patrons to go to this extent to gain admittance into the bar.
This section states: “An organization must not, as a condition of supplying a product or service, require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary to provide the product or service.”
Loukidelis did not impose any penalities on the Wild Coyote or on TreoScope.
In a 2005 Straight article, Wild Coyote operations manager Sam McBride emphasized how secure his club was at the time. He said that staff used the same wands as airport security staff, and also required patrons to provide photo identification for scanning.
“What I like to say is our club is as safe as Fort Knox,” McBride said at the time.
So far, neither the Wild Coyote nor BarWatch—a group of local bar owners—has indicated if they will file an application in B.C. Supreme Court to try to have Loukidelis’s decision overturned.
Related article: Vancouver bars and nightclubs can no longer scan drivers' licences
Comments
7 Comments
BoB 1111
Jul 26, 2009 at 6:14am
sounds like these bar owners all wear SS uniforms and are getting ready to go into politics...
Chris Angel
Jul 26, 2009 at 10:47am
This seems easily solved. Specify the product being supplied is a SAFE night club environment and that the only way to reasonably insure this is for every patron to provide irrefutable identification. Don't want to provide a drivers licence then step up for an iris scan or go somewhere else. Big Brother and 1984 was a possibility and a warning but it is also possible to identify when a certain level of intrusion is necessary and when it is not. This or a similar system should be a condition of licencing in many establishments. To those liberals who are offended by this notion the alternative has been stabbings and shootings and lethal assaults. Is this what you would rather see? Better 10 innocent night club patrons should die in this country than to offend the privacy rights of perpetrators? This system works and works well because chances are those who would enter and do violence will turn away and go elsewhere. This privacy wonk should only propose ammending this incredible system. I am not affiliated in any way with theses systems and only recently became aware they were commercially available.
Fernando
Jul 26, 2009 at 10:52am
to me it sounds like the bar owners are protecting the security of all their customers. If somebody doesn't like the conditions, nobody is forcing them to go inside. Just go to another bar or drink at home. Free country and all that. If you don't have anything to hide, you shouldn't have any problem giving your ID... in a safe place!
Rob
Jul 27, 2009 at 12:47am
At least David Loukidelis has common sense unlike any bar owner scanning people's driver's licenses. Are we in Nazi Germany or somethiing? Using the words public safety is so old and such a lame excuse.
How about this as well?
1. Why not have all stores scan your ID before you enter the store and purchase groceries? That would make shopping so much safer
2. Why not have everyone who uses a public phone scan their ID first so we always know who is calling
3. Why not have cab drivers scan your ID when you use their service.
That would make it all so much safer
4. Why not have law enforcement people ask anyone at random for their ID and if you refuse they lock you up in jail. That would make it all so much safer
5. Why not have Translink bus drivers scan people's ID so we can all feel so much safer on the bus.
6. Why not make entrance gates to parks and scan everyone going for a peaceful walk into the park.
7. Why not scan everyone who goes to the beach or swims in the ocean
It would make it all so much safer.
Anybody using the words "safety" or "public safety" as an excuse to pass or support fascist measures is highly suspect.
Anybody supporting this kind of nonsense deserves no freedom whatsoever.
Fred Firestone
Jul 27, 2009 at 10:20am
Rob, I totally agree with you. There are too many simple-minded people who support a police state here in Vancouver. Sad.
John Lyle
Jul 27, 2009 at 1:00pm
Saying that bars can only be "safe" if we scan every patron is a load of rubbish, I go to plenty of "safe" bars that don't require this draconian measure to keep their venue safe.
EEsid
Jul 29, 2009 at 9:49pm
Chris: "Don't want to provide a drivers licence then step up for an iris scan or go somewhere else"
And break the law by doing so. It's right there, clear as day. The sad part is that it took 5 years to figure it out.
"An organization must not, as a condition of supplying a product or service, require an individual to consent to the collection, use or disclosure of personal information beyond what is necessary to provide the product or service"
Fernado: to me it sounds like the bar owners are protecting the security of all their customers.
No, they're covering their butts. Someone gets hurt inside a club, they'll likely sue. They even sue if they get hurt OUTSIDE the club. Google "lynda cave sues" if you don't believe me. The club owners are looking out of themselves, and could care less what happens to the customers...as long as it happens somewhere else.
Fernado: "Free country and all that. If you don't have anything to hide, you shouldn't have any problem giving your ID"
If you have nothing to hide, why do you have to show ID? You have a really twisted sense of what a free country truly is.
Rob, Fred, John: Too bad I can only push the "agree" button once.