Bars' Scanning of ID Violates BC Privacy Laws
AnonymousIslander writes "The Information and Privacy Commissioner for the Province of British Columbia has ruled that electronic scanning of driver's licenses (and similar forms of ID) as a condition of entering a bar or nightclub is a violation of BC's Personal Information Privacy Act. The decision (PDF), while dealing with one specific club, will still have ramifications across the entire province. It is not known if the nightclub in question will attempt to appeal the decision in court. A similar decision was reached last year in Alberta.
The system in question is known as BarWatch, and has been the target of criticism by many for a number of years. Despite this, a number of bars/nightclubs and restaurants in communities across Canada have installed similar systems, and just days before this decision came down there were calls for the expansion of BarWatch in Victoria to cover restaurants and other establishments serving the post-bar crowds." Similar systems are in use across the US, as we have discussed.
A bar should not be liable for someone using a fake ID that looks real. If the ID looks genuine, the picture looks like the person using it, and it says they are of age, that should be as far as it needs to go. If the person gets caught, they should have to take responsibility for their actions. Why did bars think this system was a necessity in the first place?
-SaNo
Bars personally really don't give a shit about the client's ID. They are _forced_ to be uber diligant about this by the government, because, if God forbid, they let an 18 year old get a beer they face anything between losing their license and jail time. Governments also consistently ruled that if someone gives the barman a fake ID and they fall for it, it's still the barman's fault and not the fakers. So obviously they have to implement fascist mechanisms of ID checking, otherwise they'd be forced out of business by the government.
Now the same government goes around and says their ID checking is too strict (while obviously not alleviating any of the burdens which it imposed on bars on checking IDs in the first place). Hey government geniuses, if you'd like bar owners to not violate their client's privacy, maybe relaxing your age-proving rules would be a good place to start?
Cause it seems a bit unfair to impose ridiculously stiff penalties, including suspension of license, on clubs for serving underage persons, but then deny them any tools that might confirm someone's age, apart from looking at the date on an easily faked driver's license. Let the parents, not bartenders, be responsible for their childrens behavior.
Negative moral value of force outweighs the positive value of good intentions.
These guys want that info to sell. Make as much off that as for selling drinks if they do it right. good on
"If you want to know what happens to you when you die, go look at some dead stuff."
They want to scan in driver's licenses and then share the info among all downtown bars so that if you piss off a bouncer at one bar (are you hitting on his girlfriend?), you can get yourself banned from ALL bars
http://www.cbc.ca/canada/calgary/story/2009/04/22/cgy-alberta-clubs-bars-info-id.html
http://www.cbc.ca/canada/calgary/story/2009/04/28/cgy-bar-watch-safety-security-cameras.html
Really? You mean that keeping records of people intending to drink alcohol, the time, the location, who you might be going with, and hold onto that information for some unknown time, and share that information with unknown people or organizations.... you mean doing that could be considered a violation of an individual's privacy??
It still amazes me that people that live in countries that supposedly support an individual's rights allow themselves to be treated like branded cattle this way.
To the legislators that create such stuff, and to the people who support such legislation: Keep on waxing that slippery slope...
a bar needs one question answered:
is person older than legal drinking age. period.
they dont need name, age, address, hair color, who you arrived with, weight, etc.
I am not a number, I am a free customer!
You will treat me as such, or I will take my custom elsewhere.
"You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
I'll support this decision when the laws concerning kids change.
Here are two dangerous scenarios, both of which take place in an age-restricted venue.
#1) You go home with the cute girl. You don't worry about this person's age since the legal age of the venue is 18 (Quebec), 19 (rest of Canada), or 21 (USA). Well, turns out you were wrong, and now you're a branded sex offender for life. Your only recourse is to sue the bar to oblivion for not doing its job filtering out the kids, forcing the bar to start being more strict, including scanning IDs.
#2) You just got paid, feeling generous, go out to a bar, vibe is good and everyone is having a fun time. Your table of friends somehow merges with another table of strangers and everyone is getting along. So, you buy shots of vodka for everyone in celebration of such a great night. Only then, the police do a spot check on the bar, find out you bought alcohol for a minor, and get thrown in jail. Your only recourse is to sue the bar to oblivion for not doing its job filtering out the kids, forcing the bar to start being more strict, including scanning IDs.
When you're in an age restricted venue, that does not allow you to be innocent when you do something that somehow "violates" a minor that's also in the same venue. When the laws that facilitate this "guilt" change, then maybe I'll care a little more about the "privacy implications" of a bouncer being able to truly verify the age of an incoming customer.
I'm god, but it's a bit of a drag really...
Most of the comments on this story so far (about a dozen) are in support of customer privacy.
In contrast, last week, most of the comments on a similar story about Canadian privacy law were in favor of the business. In that case, though, the business itself was online (Facebook), whereas in this case, the business is brick & mortar & alcohol, and only the data is online.
http://yro.slashdot.org/story/09/07/17/1346209/Facebook-Violates-Canadian-Privacy-Law
Do you, the Slashdot reader, have a different opinion about these two cases because of the case differences? Or did the posters of all of last Friday's comments go on vacation this week?
It doesn't hurt to be nice.
Some of you are perhaps missing some information regarding this case.
The id's were being taken not because of age issues, it was due to a rash of gang violence in vancouver and the lower mainland of BC. The bars decided to start scanning peoples IDs and running them against a police/RCMP database. This in turn, it was hoped, would keep people with active warrants and such from frequenting bars and causing a ruckus.
As other have pointed out, it has been somewhat effective as there has not been any shooting in clubs downtown (insert tiger rock analogy here). The downside is that all these innocent people have to submit to police state type actions in order to go to MOST bars in downtown vancouver (mostly on granville st, club district).
I myself have been denied entrance for asking too many questions regarding data storage policies and complaining about the system. Most people do not seem to care and will hand over their DL as well as be photographed. I have watched many people hand over ID without a second thought. They scan the mag stripe and put it into their private database. How long do they keep the data? I do not know, as I was escorted out for asking that and other questions.
THis is a real win for privacy in BC. If you read the CBC fourms however, you can see that many so called citizens do not care two shits about privacy as long as they have their preacious illusion of security.
-
Most of the problems in bars in Victoria are caused by a very few people. They cause a problem at one club, get kicked out, go to the club down the street and repeat the process. They ruin the evening for everyone around them but they don't care because they just want to make trouble. Maybe if they were banned from every bar if they caused trouble in one tey would think twice before causing that trouble. Since when is making trouble at a bar a right?
The system is designed to inform all bars who have the system that someone has been banned. The simplest way to do it is to use drivers license numbers as they are unique to each person. Now one may say that they should only track the license numbers of individuals who cause issue but just think about trying to get that number as you are throwing someone out. You also have to check to see if they are banned as they come in.
As for miss-use of the information, there are plenty of civil and criminal penalties to make that not worth the risk.
Apparently I can't just walk into any ol' country club. I have to show my membership card. I get my membership card by applying. Part of the application process is showing some form of ID, another part is laying down a bunch of moneys, being in good standing, blabla.
How come that is legal, then?
As a result - and I know the answer is 'no', but I'm curious as to -why- it is 'no' - couldn't any ol' bar simply offer 'guest membership' by means of, say, a stamp / wrist band, where the 'membership process' includes showing some form of ID, costs the patron, say, $2 (which goes toward a complimentary membership drink), and the membership duration lasting the entirety of the patron's stay?
Everybody's favorite grammar teacher: Bob the Angry Flower
A few other items of note:
- Even though the privacy commissioner ruled it against PIPA, the Victoria based bars have decided to go ahead with the program, showing they don't respect the privacy of their clients, or the privacy commissioner himself.
- They will not be scanning all patrons, only those they deem as a risk. Can't wait for the human rights commission complaints over that one.
- A list of bars I will now permanently boycott are listed at the bottom of this Times Colonist article: http://www.timescolonist.com/Bars+swipe+patron+collect+data/1773848/story.html
I've worked at a couple of bars here in the US and we scanned ids. But, the scanners we used were small, portable handheld units that just read the magstripe to see in the data contained in the magstripe matched the information printed on the front of the card. The only contact with the outside world that the unit had was the tiny AC power cord used to charge the batteries.
I can see the benefits of scanning cards, as it is very easy to duplicate DLs. However, I don't see how you need to completely read someone's info and feed it into an online database just to check their age.
In the US, if a counterfeit ID that can fool any reasonable person is used to illegally purchase alcohol, and the bar serves the alcohol, the person who made the purchase is held fully accountable, and not the bar. This protects bars from having to worry about every single ID being counterfeit, as counterfeiters are becoming increasingly sophisticated.
I think the system of electronic scanners that just verify magstripe data with printed data on the front of the card is sufficient, since a counterfeit card that looks legit AND fools scanners will also fool any resonable person.
I don't see where Little Brother Canada thinks that everybody should have to punch in to a database whenever they want to go out for a night on the town.
Knowing Google's lust for data collection, the Soviet Union is still alive and well inside the psyche of Sergey Brin....
http://www.cbc.ca/canada/british-columbia/story/2009/07/22/bc-barwatch-violates-privacy-laws.html
This court decision is just plain stupid! How much privacy should you expect about your age when the laws require you to be of a minimum age to enter the establishment? The scanning box should simply have 2 lights -- green to enter and red to be barred -- and that's all the information the bar needs to know. Once we establish what they need to know and what they don't need to know then there shouldn't be a privacy issue because if you want to protect your privacy about your age then just don't enter.
"It's the height of ridiculousness to say for those 9 lines you get hundreds of millions."
After all, it's not as though I've never encountered a bouncer who's a rage-driven, 'roid-crazed whack job with delusions of adequacy, a two-figure IQ, and an ironclad belief that every woman in the world desperately wants access to his shrunken little dick. Exactly the kind of person I want having access to my sister's personal information. And if there's ever been a "security system" in a bar that couldn't be defeated in five minutes by a bartender with a Grade 8 education and a weakness for white powder, I've yet to see it. So I wouldn't be all that confident that the twitchy little guy in the corner with the laptop and the Klingon Vengeance Blade isn't paging through the personal data of everybody on the premises even as I try to hide my "Trekkies Are Assholes" t-shirt.
The day I surrender the contents of anything on a mag strip to the lack-wits, thieves and bottom feeders who infest your average bar is the day I move to Iran and stand on a street corner with a megaphone and invite Ali Khamenei to blow me.
I've calculated my velocity with such exquisite precision that I have no idea where I am.
Well I am from Victoria and I will just say that Victoria has a huge music scene, and that is the only reason I will ever enter a bar anymore. Having to swipe your ID before entering the bar will make me do that a lot less, and literally never for another reason.
Bar watch victoria has stated that it will continue scanning ID's and has stated that the ruling on the vancouver club was under different curcumstances (wrong) Big brother is creeping ever closer in Canada and BC. I want this program to be stopped once and for all.
Alcohol use helped make me the person I am today. I would not trade the experience, and I am very fortunate to have been a teenager at a time when alcohol use was not so forcefully or so universally prohibited. I feel sorry for the current generation, I really do.
This is not an ID verification system; it is an system designed to deny service to bad patrons.
Comment removed based on user account deletion
I live in Vancouver. Whether you get 'scanned' depends a lot on where you want to go. If you want to go to a dance club ("Night at the Roxbury") with $10 martinis in the Granville Entertainment District, or a high-end strip bar then yes you'll need to get scanned to get through the door. If you want to go to a pub with your buddies and have a few pints and watch the hockey game, or go to a seedier strip club, then no, you won't get scanned. The clubs that have these scanners have large signs telling you as such, and the cameras are fairly obvious.
I don't really have an issue with it as I don't have to patronize those bars if I don't want to.
I have been to the bar in question in this article, and have to say in theory I have no problem with what they're trying to accomplish. As stated elsewhere, this has nothing to do with avoiding selling booze to minors. A standard ID check is enough for that (current BC drivers licenses are very difficult to forge. I have yet to see a fake one, and would figure the skills and equipment required to produce a fake put it way out of reach of your typical teenager wanting to buy alcohol.)
The procedure for entering these bars is to discourage criminals (i.e. gang members) from entering the premises, and in the case a violent incident does occur, provide an ability to track the perpetrators as efficiently as possible. The execution of these procedures is done very fairly as well. The bouncers are courteous (as long as you are, I'm sure) and treat everyone the same -- no "You're hot, you don't need to participate" bias that I've seen. Everyone lines up. Everyone gets patted down. Everyone scans their ID. Everyone smiles for the camera. It's very quick and smooth if you don't make a big deal out of it.
People who think this reeks of "police state" need to remember this is a private business you can choose to either enter, or not enter. If you want to enter, you have to abide by their rules.
Should anything bad go down in the bar that night, they have an exact record of everyone who was in the bar, as well as current-as-of-that-night photos of them. More then anything, having the patrons all know that acts as a huge deterrent. The bar in question used to have problems with "thugs". I have heard of no problems since they implemented the system. I actually enjoy going there knowing I don't have to worry about some of the violent problems that other bars have.
That being said, there are definitely some changes that could be made to improve the process for everyone. I could definitely see bouncers getting irritated by patrons questioning their policies, but I'm guessing it's mainly because they don't really know the nitty-gritty details as it's just their job to get people through the system as quickly as possible. This would create tension and bad vibes between patrons and the bar, which is probably what leads to complaints and court cases like this.
Creating a fair and acceptable privacy policy, adhering to it (and maybe have an independent audit proving that they do adhere to it), and educating the bouncers to be able to answer questions regarding it would go a long way into gaining users trust of the system. Even have printed copies of the privacy policy available for customers to step aside and read before making a decision to enter the bar to keep the line flowing.
Because of requiring such age for entering bars in the states, the young guys there just want to drink (and do drink) much more than he would have drank if it was legal. They fly abroad all over the world and see that they can drink over 18 and only in their home they can't. That's truly ridicules, and I think that's one of the reasons that lots of people in the states do drugs (like much more comparing to the rest of the world).
Read and Comment at my BLOG
!!!
Let everyone in, and let everyone drink....
But I'm sure someone will object to that too...
The same thing happens in Australia.
We have places that Record your ID, Take photo and video, take a voice print and fingerprint scan.
An SQL query goes to a bar, walks up to a table and asks, "Mind if I join you?"
I just buy everything with a fake id that has fake mag strip data on it. then you become less obvious and can insert false data into big brother to confuse him.
Except it isn't done by the government, it's done by a private corporation.
Flip this around - you own a small bar, should you have the right to refuse entry to people who are likely to cause violence? It's your property, right? And in order to verify identity, shouldn't you be able to request that the person supply some ID? After all, they're free to say no and go elsewhere.
the majority of crimes are commited by whites...
Perhaps because they are the majority?
The capatalist United States spends more on social security then the socialist Netherlands. Well duh, 360 million people vs 16 million.
You can make numbers say almost anything if you are not careful.
If say morocans (the dutch problem minority) commit 100.000 crimes and the dutch commit 1.000.000 then you would foolishly claim that the dutch are more criminal. Two problems. The dutch figure would include some morocans as A: dutch police does not record ethnicity for its statistics B: some dutch are also morocans.
But the real killer is that morocans are less then 5% of the population. So, lets say there are 1 million muslims in holland and you would have accurate figures saying that they commitied 100.000 crimes. You would also know that there are 15 million non-muslims and they commited 1.000.000 crimes. Then you could totally tell the truth and say that non-muslims commit more crimes... but that ain't the truth, the whole truth and nothing but the truth.
In fact, recent studies have shown that crime figures in holland are indeed higher. Of course, these figures were disputed but again, the figures themselves don't tell the whole story. For instance, police are not allowed to collect racial information for their statistics. So, if you report a crime and say the person was black and the crime is never solved, that crime does NOT show in statisics. Oh and you can argue till you are blue in the face about racism, but since most anti-racist seem destperate to stop any attempt to finding out what is REALLY happening, we are now stuck with a world-wide perception that ALL immigrants are trouble and the powers-that-be are unwilling to do anything about.
And that sir, is damned close to what happened at the beginning of last century. The fact and figures might be different but the sentiments are the same.
And NO, you are NOT helping. The anti-racists need to start talking TRUTH rather then try to push their dream world onto everyone else.
because the simple truth about immigrant crime figures is this: They corrolate 100% with poverty based crime figures.
The immigrant areas are just new names for the slum areas. I am old enough to remember when the bad sections of towns were white. The residents also spoke their own language (slang if you like) only then it was "plat amsterdams" ("flat old amsterams"). The effect was the same, if you were born on the wrong side of town, it was hard to move out and crime was often an easy option.
The white moves up and the immigrants moved into the vacant spot taking up the jobs left vacant. Cleaner, hooker, thief.
Go ahead, look up the figures and you will see this is true.
Of course there is one problem, this problem can't be solved. Raise the living standards of the current immigrants and more will move in. Partly because society needs people to be at the bottom (where else are you going to get your 10 dollar car radio) and partly because no matter how bad it might seem to us, the western bottom is still better then the bottom in a lot of the rest of the world.
So the truth is, these crime figures are part of life and you can't do anything about it. Not a message either left or right can use in an election.
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
You can of course choose to live in a dream world where everyone should be free and is free and that just works.
In reality, bars have two problems.
A: Minimum legal age for drinking in a bar. As a society we seem to want this enforced rather then leaving it up to the individual to handle their own freedom responsible. Crazy I know. Surely 12yr olds are mature enough? Because a law without bards has no meaning and we are to wishy washy to lock up underage drinkers we created a REALLY odd situation in that someone else has become responsible for stopping others from breaking the law. Think about it, are car-makers responsible for checking that drivers of their cars have a valid driving license?
So, bars have to make sure their patrons are of legal age and if they fail to check, they can be held accountable. This is odd. Say I am a drunk driver, I drive along and the police fails to spot me and then I kill someone because of being drunk. Is the police then fined for having failed to spot me? No. So why is a bar fined for having failed to spot I am not of legal age?
Over the years in holland the check in supermarkets for selling beer has gone from not at all (we kids were often send to return an empty crate, get a new one and we could keep the deposit money for candy) to a visual check of the person, to asking for ID if in doubt to IDing everyone presumed to be below 20 (minimum age is 16 and being raised to 18).
And how do you prove you asked for an ID and that you had reason to believe it was legit? By making a copy. How do you make a copy without taking down LOTS of private information? Clerks are not specialists on identification of legal documents. That is why they have a scanner to check for false money (which by the way wasn't neccesary when we still had our own money that was extremely hard to fake, thank you EU and Mr Zalm, who said we had to trust him and then became head of a bank that is now under investigation but that is different rant).
Either we want our freedom to not have to ID ourselves when getting a drink and ACCEPT that it is a teens own responsibility to not try to drink before they are legal (yeah right) or we give up our freedom in exchange for protecting teens from themselves.
B: Keeping out underiables. This sounds a lot like Big Brother but people forget what a Big Brother really is. Someone who keeps you save. At least, that is what I was often told to do as a big brother of my little sister. I was to watch out for her and for instance stop her from getting into trouble or crossing the street.
The anarchists would say we don't need Big Brother but what always confuses me about anarchists is why they ain't mass emigrating to Somalia and places like it where there are no nasty laws to restrict you.
Most normal people resent cops/bouncers and their meddling but also wouldn't visit a place without cops/bouncers. Go ahead, proof me wrong, book a flight to Mogadishu.
Systems like this are designed to keep a record of people so that know undesirables can be kept out. For several decades this was considered not done. The right didn't want to spend the money and the left believed all people are basically decent and don't need to be constantly policed. Shortish example: Amsterdam light rail, no conductors for several decades. You could enter and exit legally through any door and there were no ticket checks of any kind. The dream world: people would pay for their tickets regardless. Yeah right. The conductor is back and it was very funny to see how empty the first trams with conductors were when the switch occured.
You can run a bar without a bouncer and trust on the decency of your customers and you might get lucky. Until you attract some anti-social people. They might even be good customers but their actions turn away your other patrons. Seen this happen to a local eatery, wrong kids started to use it as their base, within a year nobody else came there anymore and it went out of business.
When you are
MMO Quests are like orgasms:
You may solo them, I prefer them in a group.
Why is everyone so against scanning of id's. I work for a nightclub in a chain of nightclubs in manitoba canada, and we have been using id scanners for over a decade. We have never used police or government agency databases when checking id's, the only part of the id we scan is the top face of the id, all information is locked up on a server in the GM's office and is only stored for 7 days. the whole point of scanning id's is to identify trouble makers after the fact either to press charges or to bar them from re-entry for instance if an incident occurs on our property and someone gets hurt by another patron we can look the persons id up and hand it over to the police
The next day I simply took sandpaper and scrubbed the bar code off the back of my license.
It's a perfect time for being wasted.
A perfect time to watch the stars.
- Burden Brothers, "Beautiful Night"
Keep on waxing that slippery slope...
meow!
[UID-HeinzIntel]
"There is no rational justification for why retention of all of this data from everyone who comes into the club.⦠There really isn't," said Vonn.
I love how he thinks just repeating this over and over will make it true even though they already said why it was necessary. Definitely lawyer think. I honestly hope cooler heads prevail and they keep the scanners. Here's an idea if you don't want your id scanned don't go to places that do it. Or choose to act in a civilized manner. They should not be selling the data but working with police and other public records systems seems perfectly reasonable and necessary to me.
"The stupid neither forgive nor forget; the naive forgive and forget; the wise forgive but do not forget." -Thomas Szasz
because Victoria is a tourist town and requiring a membership would cut into business. There is also the issue with the cost, creation and tracking of membership cards. Everyone has to show ID to get into bars these days so that is what they use.