Compelling passwords violates criminal code: civil liberties group

Allowing Canadian police to force people to hand over their passwords would violate fundamental principles of our justice system, according to a Vancouver civil liberties group.

The Canadian Association of Chiefs of Police passed a resolution calling for the legal measure to unlock digital devices with permission from a judge, but Freedom of Information and Protection of Privacy Association’s Vince Gogolek says that would be akin to asking people to testify against themselves.

“Which is something that is fundamentally against basic principles of our criminal law,” Gogolek says. “It’s up to the authorities to come up with whatever case they can against you. It’s not up to you to be required to provide them with information.”

He says policy makers need to ask some hard questions as to whether this proposal is constitutional.

Unlike wiretapping in the past, Gogolek says new methods to access phone information or calls is catching more innocent people’s information in the cross-hairs.

Gogolek says police have a difficult job convicting suspects for the specific reason of keeping innocent people and their rights protected, and there needs to be a better balance between freedoms and security.

“You go ‘I want police to have the tools they need.’ Well let’s ask about how necessary this is or if there is some other way of achieving the same end that doesn’t result in people having to essentially testify against themselves,” he says. “Because ultimately, the police will not say ‘if you give us this we will guarantee your safety.'”

Police accessing encrypted data took centre stage following the San Bernardino shooting when the FBI took Apple to court to compel the tech giant to break into one of the suspect’s cell phone. The FBI eventually broke into the phone without the help of Apple.

The issue resurfaced in Vancouver when the VPD acknowledged it has used the controversial mass-surveillance device known as a StingRay. Despite their wording, Gogolek says the use of such technologies paints a disturbing picture of police having access to the information of any citizen whether under investigation or not and their desire to stay tight lipped about its use.

“It really should be ‘what are they asking for this time?’ because the chiefs have come back a number of times saying they want more and more ability to compel and have more access to our information,” Gogolek says. “There’s always some good cause, but the basic move is the same; ‘We need access to more of your information that we otherwise would get or can’t get under the law and we need it to get our jobs.'”