When the herd
panics, a stampede results: a common scenario in the animal kingdom.
Is it happening with COVID vaccination in Canada? It's hardly
surprising that COVID has caused panic, but where will a stampede
toward vaccination take us? “Safety” is the destination, but as
the virus continues to mutate, safety from illness may elude us while
safety from official coercion might disappear altogether.
Canada's
Constitution protects Canadians' right to security of the person,
which includes the right to control the substances inserted into
one's bloodstream. In addition, provincial privacy laws offer some
protection against having to reveal personal health information, such
as whether one's been vaccinated or not. Are these legal defences
strong enough to withstand intrusion on individual freedom of choice
through COVID vaccination “passports”?
According to
Health-Infobase,
by early June 2021, 61%
of Canadians had received at least one dose of a COVID-19
vaccine. Safety studies continue to
flip-flop: is Astrazenica safe? As first dose? Second? Should
second doses consist of a product different from the first? Should the
time between doses be lengthened (or shortened)? Can the Pfizer vaccine be stored at warmer
temperatures after all? What are the long-term effects of vaccines,
how many people are experiencing the short-term effects, and how do
they affect people differently with different genetic
susceptibilities? It is hardly surprising if the “reasonable
person”, defined in law as someone who exhibits “ordinary,
reasonable and prudent” conduct and judgment,
would decline to be part of a mass medical experiment. (1)
There are good
reasons to get vaccinated and good reasons not to, such as
pre-existing illness which precludes it. Obviously, then, it's a
matter of personal choice, yet media and medical officials pressure
citizens to persuade acquaintances to get vaccinated. Many people
don't want non-vaccinated people anywhere near them, but when the
right to be safe from infection conflicts with the right to access
necessities like housing, education and groceries, a more refined
policy around vaccination choice needs to be crafted.
The digitality of
this passport control will be another intrusion on top of the
intrusion of substances into the body. It will involve smartphones,
or palm or facial recognition, which will create a pandemic of
surveillance.
Facial recognition
uses biometric software to map facial features and store them as a
face-print. Corporations get this under our privacy defences with a
promise of push-button “convenience”: Apple for instance uses it to let
customers unlock their cell phones, and Amazon to facilitate easy
customer payments. It has turned up in shopping malls where
crowd-sourced face images could be passed on to police, in case
someone non-vaccinated illegally turns up in the mall. We're not there yet, but the first Trojans are already spilling out of the
horse.
Yuan Stevens,
Policy
Lead for the Cybersecure Policy Exchange at Ryerson University,
tells us that “in
Canada it is currently possible to collect and share facial images
for identification purposes without consent, and without adequate
legal procedures, including the right to challenge decisions made
with this technology” (Stevens,
Solomun: Facial recognition tech speeds up; privacy law lags | Ottawa
Citizen).
This might include decisions by government and business to exclude
the non-vaccinated from resources and services; in other words to
create an underclass, ostracized and having fewer rights than other
Canadians enjoy.
Most of the
hesitant are neither anti-vax fundamentalists nor anti-science.
Rather, they find it ironic that intellectual
property privacy for vaccine manufacturers is protected (they needn't
reveal the ingredients in their vaccine), yet personal privacy for
patients is not.
Hesitancy used to
be considered rational. “Hesitant” means cautious. It means being
scrupulous, a word derived from the Latin noun for pebble:
“scrupulus”. Small points of hesitancy are like moral or
practical pebbles on the path, grating and niggling. There are many
pebbles on the road to mass inoculation, and those who notice them
must, if the civil right to freedom of choice means anything, be
allowed to hesitate and perhaps take a different route.
Vaccine-bullying in
the workplace occurs in every country. A human resources firm in
Australia, weighing the religious, personal and medical reasons for
remaining non-vaccinated, warns that “mandatory
vaccinations ... open up the risk of separating (non-vaccinated)
employees from the rest of their colleagues, causing knock-on effects
on their mental health and wellbeing”. (2)
Surveillance is itself bullying, but
Canada's federal Privacy Act does not forbid it, and provincial privacy
commissioners merely declared in May 2021 that forced disclosure of
personal health information for vaccine certification “is
an encroachment on civil liberties that should be taken only after
careful consideration” --
a rather feeble response to such an egregious loss of a basic civil
right.
While
we longed for the return of indoor restaurants and hockey games, a
darker legacy of COVID rolled out beneath our radar. The Public
Health Agency of Canada working with other G7 countries will now
demand digital
proof of COVID vaccination which Canadians will need in order to
travel. The data management platform
being designed uses smartphones, opening the door to general tracking
of individuals' movements within our country and across international
borders. Everyone will be forced to own a smartphone -- a herding
device (conveniently for the communications companies which charge
higher smartphone rates in Canada than anywhere else in the world).
The planet will become a series of digitally guarded camps. Entering
and exiting them will be exactly like entering and exiting maximum
security prisons, as managed in Canada today.
This is not the
result of the pandemic. The world has always had pandemics,
lock-downs, guarded borders and No Entry zones, but the turning of
the whole world into a series of armed camps is a result of advances
in the surveillance cyber-technology which make it possible.
Anonymity will henceforth not be possible, and privacy a quaint notion from
the past.
Karen
Eltis, Professor of Law at the University of Ottawa (and past
director of the University of Ottawa Human Rights Centre), sounds
more alarmed about this than do the privacy commissioners.
She warns against policy makers' attitude that ‘this
is about life and death, forget about privacy’.” It’s not only
about privacy, she says, “it’s about democratic governance ...”
(Privacy
concerns complicate
vaccine passports - iPolitics)
After the recent theft of patient information from Life Labs in BC
and Ontario, fifteen million patients’ electronic health records
were exposed. Michael McEvoy, Information and Privacy Commissioner
for BC, adds that “these kind of attacks ... are becoming
increasingly sophisticated. Even if an organization does everything
right, there is no guarantee that they will not fall victim to a
cyberattack.”
Canadians learned how smartphones track our physical location as
well as our data trail, when the controversial “smart city” deal
between Toronto and Google-owned Sidewalk Labs collapsed partly due
to fears about civic surveillance. Vaccination certification has the
same “huge
data-mining potential of an app whose use would create many otherwise
unobtainable very large data sets … An amazing gold mine for data
extractivism”, warns Mariana Valverde in What
have we learned from the Sidewalk Labs saga? Smart city plans in
Toronto | Centre for Free Expression (ryerson.ca).
We
will never fully banish corona-virus, but a virulent epidemic of
privacy invasion could be controlled, if we had the will. We need the legal equivalent of
a privacy plexi-glass shield. Which agency though is actively
protecting the public against vaccine dictatorship and policies that
wipe out privacy faster than you can say “extractivism”?
Provincial ombudsperson offices are wobbly. Although BC's Provincial
Health Officer Dr. Bonnie Henry continually urges the public to get
vaccinated, she also comes out clearly against the imposition of internal vaccination certification, citing its potential to create inequities
which will do more harm than good. In this she is stauncher than is
the provincial ombuds-office, which
only recommends “guidance” for governments.
Even Dr. Henry's doubts about the wisdom of certification however
will be overwhelmed by the pressure of international travel
certification, which will bleed into the national realm from the
international one.
The
Angus Reid Institute reports that as of May 17, 2021 only about 10%
of Canadians definitely refuse the vaccine, although more in some
provinces and more if the vaccine is Astrazeneca. Will
the 10 to 24% who refuse, be denied a
“passport” to access the full benefits of Canadian citizenship?
To
date, 79% of Canadians support the use of vaccine passports for
international travel, but 41% oppose them for accessing public
places. Clearly, if 59% still don't oppose them at home, the
non-vaccinated have work to do to protect themselves against loss of
privileges and privacy (words, let it be noted, with a common root).
Among public officials they have few allies to work with. We
lack a “Private Lives Matter” movement. Even the Canadian Civil
Liberties Association only goes so far as to say “serious
consideration on ethical, moral, social, health, and legal grounds
needs to be given before moving forward” with certification.
We know that free
speech, security of the person, and privacy rights are the three
pillars that hold up a democracy. We should not be stampeded by
emergency thinking into consenting to give up any of them. In
the wake of vaccine passport pressure, one legacy of COVID could be a
resolve to strengthen our civil liberty and privacy organizations -- if it's not already too late.
1
The
Reasonable Person (lawnow.org)
2
Will
workplace bullying rise as a result of COVID-19 vaccines? | HRD Asia
(hcamag.com)
3
Canada’s
privacy commissioners issue guidance as country mulls COVID-19
vaccine passports - National | Globalnews.ca
4
FAQ:
Vaccine Passports – CCLA
5
Office
of the Ombudsperson | Province of British Columbia
(bcombudsperson.ca)
6
FAQ:
Vaccine Passports – CCLA