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Last week, Techcrunch published an interesting piece on the potential illegality of Google Analytics on German websites.  Members of the German government believe that the use of Google Analytics on a German website is contrary to the privacy laws established to protect the personal, private information of German citizens.

German government officials are concerned that “Google could conceivably create profiles of people that would include information about their interests, lifestyles, consumption patterns, political and sexual preferences.”  The crux of the issue appears to be “how much identifiable data is sent to and stored on servers located on U.S. soil.”  The US Patriot Act gives authorities the means to secretly view personal data held by U.S. organizations, and according to some it is “at odds with Canada’s privacy laws“.

In Canada, we have laws in place that are intended to protect the interests of Canadian citizens as it pertains to the transfer and storage of personal, private information.  PIPEDA, or the Personal Information Protection and Electronic Documents Act, is one such piece of legislation that is commonly cited with regards to data privacy issues. The Privacy Act is another important legislative framework in Canada.

In light of the above, I was surprised to discover that the website designed by the Canadian government to address Canada’s Economic Action Plan is using Google Analytics to track and monitor website activity.  In simple terms, it would appear that the Government of Canada has been providing Google (and thus US intelligence) with metrics on the way Canadian citizens have reacted to and engaged with the Government of Canada’s economic action plan.

I’m now left wondering if the Canadian government is in violation of it’s own privacy legislation?  Is the undisclosed use of Google Analytics on a Government of Canada website contrary to the principles of PIPEDA?  Is this something that should be brought to the attention of the Office of the Privacy Commissioner of Canada?  Does the Canadian government have an obligation to provide a reasonable explanation for sharing sensitive political and economic data with US intelligence?  What are your thoughts?

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