Times Colonist

Watchdog probes Victoria firm tied to Brexit

Was key data supplier in breach of B.C. legislatio­n?

- AMY SMART asmart@timescolon­ist.com

B.C.’s privacy watchdog has launched an investigat­ion into whether a small Victoria tech company credited with playing a pivotal role in the Brexit vote broke privacy laws.

The Office of the Informatio­n and Privacy Commission­er is reviewing whether AggregateI­Q Data Services is complying with the province’s private-sector privacy legislatio­n, known as the Personal Informatio­n Protection Act, communicat­ions officer Jane Zatylny said in an email.

The act balances an organizati­on’s need to collect personal informatio­n for reasonable purposes against an individual’s right to protect their personal informatio­n. An organizati­on could face fines up to $100,000 if it doesn’t comply within 30 days of receiving notice from the commission­er, after an investigat­ion.

In March, Britain’s Telegraph newspaper revealed what it said was the key role played by AggregateI­Q in the June 2016 referendum to take the United Kingdom out of the European Union.

Campaign-spending documents showed the Leave side funnelled £3.5 million (about $5.8 million) through the company the Telegraph described as “a secretive consultanc­y firm that helped win the social media battle.” That included almost half the £6.8 million spent by the official Vote Leave group.

AggregateI­Q declined to comment for this story.

Chief operating officer Jeff Silvester told the Times Colonist in March that most of the money was spent on online advertisin­g.

“Obviously, we would co-operate with any official investigat­ion or inquiry as best we can,” he said after the British Informatio­n Commission­er’s Office announced it was looking into the use of data analytics for political purposes.

An official investigat­ion was launched in May.

Commission­er Elizabeth Denham posted an update about the investigat­ion to her office’s blog. Denham was appointed to the position in 2016, after serving in the same role in B.C.

“We’re looking at how personal informatio­n was analyzed to target people as part of political campaignin­g and have been particular­ly focused on the EU Referendum campaign,” she wrote. “We are concerned about invisible processing — the ‘behind the scenes’ algorithms, analysis, data matching, profiling that involves people’s personal informatio­n. When the purpose for using these techniques is related to the democratic process, the case for a high standard of transparen­cy is very strong.”

British law requires organizati­ons to process personal data fairly and transparen­tly, but Denham said she doubts the public understand­s how that process is unfolding or how it affects personal privacy.

The process has proven a complicate­d undertakin­g, she said. Her office is investigat­ing more than 30 organizati­ons, including political parties and social media platforms.

“Among those organizati­ons is AggregateI­Q, a Canadian-based company used by a number of the campaigns,” she wrote.

Some of the organizati­ons have co-operated freely, but she said she is prepared to use “every available legal tool” to compel those who don’t.

The office has issued informatio­n notices to four organizati­ons, including the U.K. Independen­ce Party, which has appealed the notice to the informatio­n rights tribunal.

Zatylny said the B.C. and British offices are working together. “We frequently communicat­e with other data-protection authoritie­s on files that involve data travelling across borders,” she said. “In this case, we are in discussion­s with the Informatio­n Commission­er’s Office in the U.K. and we may, as part of our investigat­ion, request informatio­n from that office.”

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