ArriveCAN may violate constitutionally protected rights

Data experts consulted say the ArriveCAN app could violate the Canadian Charter of Rights and Freedoms, which protects the right to move freely.

The Canada Border Services Agency (CBSA), which reported a recent problem in the app identified on July 14, said more than 10,000 fully vaccinated people had received erroneous messages telling them that they had to self-quarantine.

According to information from Global News, it then took the government 12 days to notify travelers of the error.

Some data and privacy experts, who felt the app could violate rights protected by the app, also debated whether ordering people to stay at home for two weeks without justification could constitute a violation. form of illegal detention.

Matt Malone, a law professor at Thompson Rivers University in Kamloops, British Columbia, who specializes in trade secrets and confidential information, told the outlet that this causes “direct harm to people who receive and follow this incorrect notification.”

The government has, he says, not provided enough transparency on why this happened. Better accountability practices should be put in place, he argued.

Concerns

The experts consulted by the media also believe that concerns can be raised, particularly that the government “does not have the ability to master the automated decision-making functions of the application”.

“I think this is very troubling and raises important questions about the government's use of artificial intelligence,” said Teresa Scassa, Canada Research Chair in Information Policy and Law at the University of Ottawa.

Travelers who received the wrong quarantine order complained that there was no way to contact the government to correct the error, and they ran into automated messages or agents who could not speak specifically to this issue.