Vancouver bars can legally scan your ID, take your photo

Can bars and clubs in Vancouver legally scan your ID and take your photograph as a precondition for entry? There seems to be some confusion around the matter.

Recently, Catherine Tully, acting executive director for the Office of the Information and Privacy Commissioner of B.C., told the Straight that her office continues to receive inquiries about the practice, which is especially prevalent in the Granville Entertainment District. She said that since August 20, when a clarification was issued for an earlier decision on the issue, seven people have bothered to call or write to ask if what some establishments are doing is legal.

The Straight has also continued to receive inquiries on the issue of scanning IDs and photographing patrons.

Two weeks ago, D’arcy Zi Han and her boyfriend went to Venue on Granville Street to watch a friend play a set. She told the Straight that they each showed two pieces of ID on their way into the club, and then proceeded to the ticket window inside. There, they were again asked for their IDs.

Han, a musician, said that she surrendered hers for scanning, unsettled by what she described as a privacy concern, but did not think of the request as possibly illegal.

Her boyfriend did though. “They asked him for his card and he said, ”˜You know, this is illegal.’”

Han continued: “I guess he was just asking for clarification on why they needed that to be done. And all we really got was just, ”˜No, this is legal. If it wasn’t legal, we wouldn’t be doing it.’”

The understanding that scanning IDs and photographing patrons is illegal stems from a July 21 order by the OIPC which said that the way the practice was carried out at a club called the Wild Coyote contravened B.C.’s Personal Information Protection Act.

But bars and nightclubs on Granville Street and around Downtown Vancouver continued to ask for IDs and photographs as a precondition for patrons’ admittance.

Tully explained that they are allowed to do this because TreoScope Technologies Inc.—the company that runs the system—agreed to modify the way it stores the personal information it collects.

When the original complaint against TreoScope was filed in 2003, Tully said, the private company was keeping patron’s data on file for two years. The OIPC ruled that this contravened section 7.2 of PIPA, which states that an organization must not require an individual to consent to the collection, use, or disclosure of personal information beyond what is necessary. Establishments that continued with the practice could therefore be subject to fines up to up to $100,000.

But bar and nightclub owners argued that the measure was necessary to protect patrons’ safety. And so on August 20, B.C.’s privacy commissioner and TreoScope arrived at a solution that satisfied both parties.

Bars and nightclubs could continue to scan IDs and photograph patrons as part of TreoScope’s EnterSafe system, under the condition that all data be permanently destroyed after 24 hours. If an incident occurs within that period, relevant personal information can be held for one year.

“The key, really, is how long they keep it,” Tully said.

Industry is also satisfied with the change, according to the chairman of BarWatch, an organization of bar and nightclub owners.

“The deal was, as long as we weren’t keeping the data, then he [the privacy commissioner] was fine with it,” John Teti told the Straight. “And we never retained the data anyways so it doesn’t really mater to us.”

A so-called “blacklist” does still exist, he confirmed, where if a patron engages in “criminal activity” inside a club, they can be placed on a list available to participating establishments which bans them from entry. But overall, Teti said, there have been very few complaints about the system. “Most people recognized it as something that was in the interest of their public safety,” he added.

Han said that what was most unsettling about her experience at Venue was the uncertainty around the legality of the practice, and staff’s refusal to give an explanation for the practice beyond restating the claim that it was within the law.

“If there had been a sign in the club, even just a really brief one, all of this could have been avoided,” she said. “And I think that a lack of that type of information and a lack of sensitivity around this sort of thing is quite prevalent at clubs in Vancouver.”

Teti said that the onus is on establishments’ managers to ensure staff are up-to-date on relevant laws and can explain them to patrons.


You can follow Travis Lupick on Twitter at twitter.com/tlupick.

Comments

4 Comments

capt. crunch

Dec 4, 2009 at 10:12pm

Legal? Here's an idea on something which is also legal... boycott the bars that do this, don't buy drinks if you are in them, write letters to the Office of the Information and Privacy Commissioner of B.C, basically make the life's of the bar owners hell.

They say it's their business? I guess it is, just like your money is your money, so show your disapproval with your money and feet and see how fast their have a change of heart.

But it would never happen because the sheeple have to be seen on a certain night of the week in a certain bar pretending they are part of a game because otherwise they won't be cool. People really need to grow some and stand up for their rights.

I can only imagine the mess this city will be come February with the 20,000 + security/steroid monkeys if people cannot even stand up to a couple of bar owners.

Randy Turner

Nov 16, 2013 at 3:50pm

I had not been out to a small downtown club in Vancouver for many years when I had the occasion to go to Venue on Granville to watch my son's band play a set. I couldn't believe they wanted to scan my driver's license. I said, "is that legal" they gave me a reply about "destroying the records in 24 hours" (how can THAT be proven? I asked if the Commodore across the street scanned I.D.'s.l I got a vague answer.... I said that as I recalled, the last time I was there, they didn't. I wondered if I should be afraid to enter Venue. Was this a club that gang bangers frequented or where patrons were likely to be dangerous? My wife did not have photo I.D. and they weren't going to let her in. This is when I started getter upset. We are in our early 50's going to see our son play his first paid gig and my 110 pound wife is somehow a "threat" if she enters this nightclub? I took the diplomatic route and ended up persuading the door man/enforcer/bouncer to let her in. He said "if we gave our word there would be no trouble".... what a joke. As if we were trying to "trick" there entry security so my wife could go in unidentified and "cause trouble". I guess we are now in the "guilty until proven innocent" age. How sad....

Michael

Sep 23, 2014 at 7:47pm

My friend stole the tip jar from a club and unfortunately the bouncer kicked us both out. I had no idea he was stealing it. So the next time i try to go to a club, the bouncer tells me im on barwatch, meaning the blacklist i suppose. My question is will I be removed from the blacklist in a year? Or how long does the blacklist last?

Anonymous

Aug 21, 2015 at 8:59pm

any bar that cans your id and takes your photo is best avoided