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New Ontario RFID guidelines emphasize 'consumer consent'

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Ann Cavoukian, Information and Privacy Commissioner, OntarioConsumer consent must be obtained before personal information linked to a radio frequency identification (RFID) tag is collected, used and disclosed, according to a new set of guidelines issued by Ontario's Information and Privacy Commission (IPC).

The guidelines also recommend automatic deactivation of the tags at the point of sale. Consumers should be able to choose to re-activate the tags at a later date, repurpose them, or otherwise have control over the manner in which tags interact with RFID readers.

Ann Cavoukian, Ontario's Information and Privacy Commissioner said data protection has evolved to include the right of people to exercise control over personal information. "The right may be expressed as informational self-determination. Privacy protection extends to exerting controls over the collection, use and disclosure of personal information."

The guidelines released earlier this week flow from the IPC's work in 2003, when Cavoukian first identified potential privacy concerns raised by RFID technology.

"These made-in-Canada guidelines provide guidance and solutions regarding item-level consumer RFID applications and uses," she said.

Considered the natural evolution of barcodes, RFID tags contain microchips and tiny radio antennas that can be attached to products. The device transmits a unique identifying number to an electronic reader, which in turn links to a computer database where information about the item is stored. The tags can be read from a distance quickly and easily, making them valuable for managing inventory.

The IPC considers RFID tags as a minimal threat to privacy when deployed for supply chain management purposes. However, item-level use of the tags in the retail sector, when linked to personally identifiable data, can facilitate tracking and surveillance of individuals, the IPC said.

The issue of whether RFID threatens personal privacy is a controversial one.

Some experts say the dangers of the technology, in this regard, have been highly exaggerated.

Marc Giroux, systems engineer for Symbol Technologies Inc. of Holtsville, NY, says RFID is sometimes given a bad rap based on a misunderstanding of the technology.

In a talk last month in Toronto Giroux refuted some common objections – specifically, that RFID is an intrusive technology, and that it may abet unauthorized access to private information. "The idea that RFID could lead to identity theft or to uncontrolled release of personal data is a myth," he said. "RFID tags are nothing more than barcodes. A person without access to the database that interprets the barcode cannot access personal information."

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