Michael Geist: MyDemocracy.ca Responses Don’t Count If You Refuse To Disclose Household Income and Other Personal Information | Unpublished
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Unpublished Opinions

Michael Geist's picture
Ottawa, Ontario
About the author

Dr. Michael Geist is a law professor at the University of Ottawa where he holds the Canada Research Chair in Internet and E-commerce Law. He has obtained a Bachelor of Laws (LL.B.) degree from Osgoode Hall Law School in Toronto, Master of Laws (LL.M.) degrees from Cambridge University in the UK and Columbia Law School in New York, and a Doctorate in Law (J.S.D.) from Columbia Law School.  Dr. Geist is a syndicated columnist on technology law issues with his regular column appearing in the Toronto Star, the Hill Times, and the Tyee.  Dr. Geist is the editor of several copyright books including The Copyright Pentalogy: How the Supreme Court of Canada Shook the Foundations of Canadian Copyright Law (2013, University of Ottawa Press), From “Radical Extremism” to “Balanced Copyright”: Canadian Copyright and the Digital Agenda (2010, Irwin Law) and In the Public Interest:  The Future of Canadian Copyright Law (2005, Irwin Law), the editor of several monthly technology law publications, and the author of a popular blog on Internet and intellectual property law issues.

Dr. Geist serves on many boards, including the CANARIE Board of Directors, the Canadian Legal Information Institute Board of Directors, the Canadian Internet Registration Authority, and the Electronic Frontier Foundation Advisory Board. He has received numerous awards for his work including the Kroeger Award for Policy Leadership and the Public Knowledge IP3 Award in 2010, the Les Fowlie Award for Intellectual Freedom from the Ontario Library Association in 2009, the Electronic Frontier Foundation’s Pioneer Award in 2008, Canarie’s IWAY Public Leadership Award for his contribution to the development of the Internet in Canada and he was named one of Canada’s Top 40 Under 40 in 2003.  In 2010, Managing Intellectual Property named him on the 50 most influential people on intellectual property in the world and Canadian Lawyer named him one of the 25 most influential lawyers in Canada in 2011, 2012 and 2013.

Click here to view Dr. Geist’s full CV.

 

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Michael Geist: MyDemocracy.ca Responses Don’t Count If You Refuse To Disclose Household Income and Other Personal Information

December 6, 2016

The government’s MyDemocracy.ca survey/consultation/questionnaire launched yesterday to a steady stream of criticism as the initiative does not follow the typical consultative approach. Rather than asking direct questions about public electoral preferences, there are a series of questions on “values, preferences, and priorities” that are supposedly designed to discern user preferences. The questions focus on representation, parties, and voting rules (there are several questions on electronic voting that ask if there is support even if the systems are less secure).

The initiative is being run by Vox Pop Labs and the site’s privacy policy advises that the Privacy Act and PIPEDA apply.  However, dig into the policy and you learn that users that do not provide detailed demographic information – including age, gender, education, household income, profession, language, interest in politics, and postal code – will not have their responses considered as part of the study. The specific provision states:

You do not need to provide your name to use MyDemocracy.ca. However, you will be asked to complete a profile about yourself. You may be asked to provide us with your gender, year of birth, level of education, household income, and other demographic information. The purpose for collecting this information is for Vox Pop Labs to ensure that the overall results of the study are representative of the Canadian population. While answering the profile questions is optional, not answering these questions will result in your input not being included as part of the overall results of the study. [emphasis added]

The demographic information may or may not be personally identifiable. For Canadians in large communities, it may be difficult to identify a particular person. For those from smaller communities, the combination of postal code, profession, education, gender, age, language, and possible identification with certain groups could be enough to identify a specific person.  Regardless, it is inappropriate for a government-backed consultation to require Canadians to provide detailed demographic information in order for their opinions to actually count.