Page 46 - CCCA Magazine Winter 2017

{ iNside edGe }

Are Cities getting too smArt?

By Patricia Osoko

new and emerging technologies have dramatically changed What does this mean for you? Imagine

the way cities around the globe operate, increasing their ability there are sensors in your car that transmit
information to your city’s transportation
to collect and analyze data. While these “smart” cities use this department to improve traffc fow. That
information to better manage resources and services, there has raw data belongs to the company that
provides the sensors, which it aggregates
been little debate on the ethics or legality of the data-sharing and interprets for the municipality. That
inherent in these models. company may then choose to sell the
data to your insurance company or law
enforcement offcials, which could cause
he technologies driving these inno- Because smart city technology is ex- premium rates to go up or fne amounts
vations are much more developed pensive and public sector fnancial re- to increase based on your tendency to
tthan the legal frameworks currently sources are perpetually constrained, speed. Such scenarios feel like a real viola-
in place to protect individual rights. This smart city technology is often implement- tion of privacy rights to me!
should concern us all. ed through public-private partnerships Yet, opting out of smart city monitor-
What is a smart city? One that uses data (PPP), explains Lilian Edwards, a leading ing is not an option—even though there is
analytics to manage its operations and academic in the feld of Internet law. seldom an effective mechanism to ensure
2
connect with its citizens better. Integrating For an example, Edwards cites the Intel- consent to the gathering of our personal
information and communication technol- ligence Operations Centre in Rio de Janeiro data in the frst place. Sensors and moni-
ogy and the Internet of Things (the various built by IBM for the 2014 World Cup and tors are ubiquitous. And as more people
devices connected to the network), infor- 2016 Olympics. To reassure global visitors migrate to cities, our right to privacy is
mation is collected from citizens and sen- about what was widely regarded as one of outweighed by the drive to make cities
sor devices to be processed and analyzed. the most dangerous cities on earth, hun- safer, more effcient and livable.
It is then used to improve the effciency of dreds of cameras and countless other sen- The rise of smart cities will continue
infrastructure and services, such as govern- sors and devices were placed throughout the globally and in Canada—case in point, the
ment information systems, transportation city. Data was live streamed to the Centre, federal government recently announced a
systems, hospitals, power plants, water sup- giving city offcials the ability to respond im- competition to promote smart city infra-
ply networks, waste management, libraries, mediately to unruly crowds, criminal activ- structure. With this expansion, privacy
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schools and law enforcement—in short, ity, accidents, power outages, weather events concerns will also grow. We need to start
most aspects of modern urban living. and other disruptions. The citywide system looking at the existing laws and identify
This enables better planning and decision- integrated data from numerous agencies, the gaps to get discussions going and rules
making—but it comes at a signifcant cost acting as an “all-seeing eye” and allowing for in place now—before it is too late. ❚
to personal privacy. a coordinated, effective response.
Albert Gidari, Director of Privacy Such PPPs generate an enormous amount
at the Stanford Center for Internet and of data, and ownership of this data is unreg- Patricia Osoko is a corporate law-
Society, puts it bluntly: “The fact is that ulated in most countries. So who (if anyone) yer specializing in international
strategic planning and subsidiary
there is an astonishing lack of privacy law owns the information? The answer depends company governance at ATCO
applicable to most aspects of smart city on the terms of the contract between the (www.atco.com). She has a law
data collection and use.” I add that this parties. Generally, there are no policies to degree from the University of
1
is not only a public policy issue but also prevent personal data from being transferred Victoria, and holds the Chartered
something that should concern the in- to private providers via PPP arrangements, Secretary and Accredited Director designations from
house bar as well. and from there to the open market. ICSA. Patricia is also an avid amateur musician,
outdoor enthusiast and intrepid traveller.

1 “‘smart Cities’ are Too smart for Your Privacy”: http://cyberlaw.stanford.edu/blog/2017/02/smart-cities-are-too-smart-your-privacy
2 “Privacy, security and data Protection in smart Cities: a Critical eU Law Perspective”: http://www.create.ac.uk/publications/privacy-security-and-data-protection-in-smart-cities-a-critical-eu-law-perspective/
3 smart Cities Challenge: https://impact.canada.ca/en/challenges/smart-cities

46 CCCa MaGazine | WinTer 2017 hiVer