Canadian Musician - May / June 2020 | Page 62

BUSINESS Alayna Kolodziechuk is a corporate and privacy lawyer at entertainment law fi rm Taylor Oballa Murray Leyland LLP. On behalf of the Canadian Bar Association, Alayna has participated in submissions to government on privacy at the border, the new Digital Charter, the Anti-Terrorism Act, and the Canada Elections Act. www.tomllawyers.com. By Alayna Kolodziechuk Privacy Law for Artists Part 1 : You Probably Do Have Something to Hide… W hen privacy rights come up, responses often range from “I don’t have anything to hide” to “I just don’t really care.” In fact, most of us do have something to hide, and, if you use modern technology, you should care. The sheer amount of data that our devices can hold about us is alarming, yet laws and public understanding of privacy implications are constantly playing catch-up with emerging technologies. There are apps for everything from determining our genetic makeup to tracking pregnancy to monitoring our driving habits. Most of the time, smart devices make us feel like life is made easi- er through use of the cloud, facial and voice recognition software, location data, or metadata. As smart technology is increasingly embedded into our lives, privacy protections become all the more important. Luckily, public awareness is growing – and with it, added pressures on government and organizations. What Is Privacy? Think of privacy as the right to be left alone. Privacy is a universal human right and many countries now have their own laws that address data protection. Privacy laws deal with, among other things, a person’s right to see and correct information that an organization has about them, to be notifi ed if there is a security breach involving their data, and to be told what an organization uses our data for and who it is disclosed to. Why Privacy Is So Important The biggest privacy issues come from governments that want to keep an eye on us, and businesses that want to sell our information. Europe is a leader in privacy law. Having experienced abuses of in- formation in Nazi Germany and across the Eastern Bloc, Europeans value data protection laws more than most. 9/11 dramatically changed the privacy landscape. Sweeping powers were brought in for the U.S. government in the name of national security, despite the impact on rights and freedoms. For- mer CIA employee and whistleblower Edward Snowden leaked thousands of documents that revealed just how prevalent mass surveillance had become in the post-9/11 era. 62 CANADIAN MUSICIAN After Snowden’s leaks, an individual in Europe lodged a complaint about Facebook Ireland (the company’s European headquarters) having transferred his information to Facebook USA. Given the potential access to that data by the U.S. authori- ties, the complaint alleged that the transfer from Ireland did not off er suffi cient protections to users. In a landmark decision, the mechanisms that allowed for transfers of data from Europe to the U.S. were declared invalid. This led to the overhaul of European data privacy laws and the reason many of us received a fl urry of emails asking us to confi rm our consent. Since then, Facebook has been kept in the hot seat with the 2018 Cambridge Analyt- ica scandal where it was shown that millions of users’ data was harvested and sold, including to political campaigns. Facebook and other tech giants make hundreds of billions of dollars selling our information. You might be wondering how all this aff ects you. There could be harassment, loss of insurance benefi ts, lost job opportuni- ties, and blackmail when information makes it into the wrong hands. Activities that are legal in Canada such as recreational use of cannabis and the right to same-sex relationships can create serious issues when Canadians travel to other countries. There’s also the fact that we have the right to a private life and that is ours to exercise. What’s Next? Businesses large and small are subject to privacy laws when they collect personal information (name, email, opinions and views, etc.). You might be surprised to know this includes solo and group recording and performance artists. In part two of this article next issue, we’ll discuss exactly what musicians need to know about their privacy obligations to fans and others they work with. The information in this article is not legal advice. Address your specific circumstances with a lawyer. You can only rely on advice that comes from your own lawyer.