TRACKED FOR 20 YEARS
The TTC has collected 40,000 records on users its officers stop but don’t charge. A Star analysis suggests a disproportionate number in the database are Black, but the agency says it ‘absolutely’ does not target Black users
For years, the TTC has been quietly maintaining a database that includes thousands of records detailing personal information collected from transit riders who weren’t formally charged with any offence — records it keeps for 20 years and, at times, will share with police.
In the course of their daily duties, the agency’s fare inspectors and enforcement officers stop people on the transit system who, the TTC says, they believe have committed fare evasion or other offences. If the officers decide not to issue the person a ticket, they can record sensitive information, such as the person’s name, address, driver’s licence number, physical appearance and race on “field information” cards, and then enter those details into a database that transit officers access daily but which most transit users are unaware even exists.
Data obtained by the Star through a freedom of information request shows that TTC officers filled out more than 40,000 of the cards between 2008 and the end of 2018. Once a rider’s information is in the system, the TTC says city bylaws dictate the agency must retain it for 20 years.
TTC officers recorded the race of the person they stopped on about threequarters of the cards. An analysis of that information performed by the Star suggests a disproportionately high number of cards, 19.3 per cent, were filled out for interactions with Black people. Black residents make up about 8.9 per cent of Toronto’s population.
Civil rights experts say the practice sounds a lot like carding, the controversial tactic police have historically used to collect citizens’ personal information, and warn it could amount to racial profiling and a widespread invasion of privacy.
The TTC and the union that represents the officers firmly reject that characterization.
Transit agency spokesperson Stuart Green said officers will use the form “as a formal caution in lieu of charges,” and will only fill one out if he or she has “reasonable and probable grounds that an offence has been committed and then uses their discretion to caution rather than lay a charge.”
‘If someone can stop and detain somebody and collect their personal information, yes that falls under carding.’
TTC rider Septembre Anderson says she had to give identifying details to a fare inspector in 2016 after she couldn’t get to the front of a streetcar to pay her fare
TTC from A1 “Any database that’s retaining information about people for no justified reason could be seen as carding.” NOA MENDELSOHN AVIV DIRECTOR OF THE CANADIAN CIVIL LIBERTIES ASSOCIATION’S EQUALITY PROGRAM
Green said the purpose of the database is “to assist (the TTC enforcement unit) in its daily functions.” For instance, TTC officers can check the database to determine whether someone they’ve stopped for suspected fare evasion or another offence has been stopped before, which helps determine if they should receive a ticket or merely a warning.
Green said the TTC is not engaged in any form of carding.
“We do not random stop customers and investigate them,” Green said, and Black riders are “absolutely not” targeted, intentionally or otherwise.
Jake Mahoney, secretary of Canadian Union of Public Employees Local 5089, which represents TTC officers, also strongly rejected the idea its members are performing discriminatory carding.
He said the field information cards are “a useful investigative tool” that officers only use “in a scenario where we observe an offence committed.”
“The union members that are out there doing this job, they don’t have any control over the race of the person,” he said. “I go back to the fact that everyone we stop and talk to, we have a legal authority to do so.”
Noa Mendelsohn Aviv, director of the Canadian Civil Liberties Association’s equality program, said the database raises serious concerns about racial profiling and privacy.
“Any database that’s retaining information about people for no justified reason could be seen as carding. And where there’s a disproportionality of personal information being stored unjustifiably about racialized and marginalized people (that) certainly sounds like carding to me,” she said. According to Mendelsohn Aviv, although the TTC is entitled to enforce its fare policies, there’s no justification for collecting and storing a rider’s personal information if they haven’t been issued a ticket.
“For a $3 fare, to record somebody’s personal information seems completely out of proportion,” she said.
She described the 20-year period for which the TTC retains the information as “outrageous.”
“The very fact of it being obtained, and then the added problem of it being retained, is certainly a violation of privacy,” she said.
The TTC database isn’t secret. But nor is it widely known to the public. The transit agency publishes voluminous data about its operations, but regular reports about how it’s collecting information from people on the transit system are not among them.
Even those riders who provide their information to TTC officers can be unaware of where it goes or how it could be used.
Although the TTC says the cards are used to issue warnings to people suspected of breaking the rules on the transit system, the person receiving the caution isn’t given a copy of the card, meaning they have no official record of the interaction and no easy way to identify the officer involved.
The TTC says officers aren’t required to provide a copy because a caution isn’t a formal charge, and that transit users can request information the agency may have on them by filing a freedom of information request.
Septembre Anderson was on her way home one sweltering evening in July 2016 when she was pulled off a streetcar by a fare inspector for not paying for her ride.
Anderson says she had a TTC token in her hand at the time, but she boarded the car by the back doors and it was too crowded for her to get to the fare box at the front.
Anderson, who is now 36 and works as a front-end web developer, recalls that the officer was going to write her a ticket for fare evasion, but decided to let her off with a warning instead.
To her surprise, she says he began asking her for personal details, such as her name, address and health card number. She asked what he would do with that information, and reacted with concern when he told her it would be put into a database. “I wanted to know why my information was being put in a database if I wasn’t actually being given the ticket. How do I remove it from the database? Where does that information go?” she told the Star.
“There was no information given to me at all about my rights, or what my personal information was being used for.”
She didn’t want to give her information, but says she did because she felt she had no choice. “He was just like, ‘Well, ma’am, you can get a ticket instead,’ ” she says.
To Anderson, who is Black, the experience felt like a form of carding. “If he was giving me a warning, he just could have given me a verbal warning ... If someone can stop and detain somebody and collect their personal information, yes that falls under carding,” she said.
Legal experts who spoke to the Star said the law can be unclear on what information officers, including those working for the TTC, can request from citizens.
Mendelsohn Aviv of the CCLA said she believed that officers shouldn’t ask for a person’s name unless “at a minimum” they’ve witnessed the person committing an offence. Green, the TTC spokesperson, said that “depending on what (transit users) are being investigated for, they do have a legal obligation to identify themselves.”
Two types of TTC officers interact with the public on the transit system: fare inspectors and enforcement officers. Inspectors are tasked with ensuring riders pay the proper fare, while enforcement officers patrol the system for security purposes. Neither are full-fledged police officers, but transit enforcement officers have been designated special constables under an agreement with the Toronto Police Services Board and have limited police powers on the network.
Both inspectors and enforcement officers can fill out field information cards about members of the public.
For years, TTC officers used the same Toronto Police Service “208” forms to collect information about people on the transit system that police used for their street checks, before switching to their own “718” forms that were identical in many ways.
The Star obtained nearly 11 years worth of data the TTC recorded on the cards, which is not the complete set of records the transit agency has on file. The data didn’t include entries for people who were ticketed for an offence on the transit system, which the transit agency keeps in the same database. The data provided to the Star was also redacted to remove any information that could risk identifying an individual.
It showed that between January 2008 and December 2018, the TTC enforcement unit filled out 41,833 of the cards. Officers recorded the race of the person they stopped roughly 33,000 times, or in about three quarters of the interactions.
Of the cards on which the person’s race was recorded, 19.3 per cent were identified as Black.
Black residents make up only about 8.9 per cent of Toronto’s population, according to the 2016 Census. And while the TTC says it doesn’t have data indicating the racial makeup of its ridership, the census shows Black people constitute just10.7 per cent of those in Toronto who commute by public transit. That figure doesn’t include trips for noncommuting pur- poses, and does include journeys on other transit agencies such as GO.
The proportion of card entries that Black transit users accounted for varied from year to year, and generally trended downward over the 11-year period. The figure was highest in 2011, when it reached about 27 per cent. By 2018, it had fallen to about 16 per cent.
Black residents’ personal information was more likely to be recorded if they were young and male. Males between the ages of15 and 25 made up about 35 per cent of all Black people whose information was recorded on the cards. Males of the same age made up roughly 24 per cent of white residents recorded on the cards. Green, the TTC spokesperson, said that in many cases the person’s race recorded on the card is based on officers’ observations.
“So if a person does not offer a race association, the officer will use best judgment,” he said.
Green couldn’t say why Black people appear to be disproportionately represented on the cards. “However, the TTC’s customer base is wider than just Toronto residents and almost half of Toronto residents identify as racialized,” he said.
He said the transit agency “is fully committed to treating all customers equally and without prejudice,” and officers receive training on diversity, inclusion and preventing discrimination.
Green acknowledged that the TTC sometimes shares information collected on the cards with police. He couldn’t say how often that had happened between 2008 and 2018, but said police “rarely” request the information and the TTC would only provide it if served a court order.
Nigel Barriffe, president of the Urban Alliance on Race Relations, said the TTC data is “very representative of what we saw with carding and the police,” and shows Toronto’s public institutions “are constantly pushing away our young Black males in our society and making them feel as if they don’t belong in our city.”
He said if Black people are being stopped by TTC officers at higher rates than other groups, it sends the message to Black residents that they have no place in public spaces like the transit system. “It’s like you have to think twice if you’re a Black male taking public transit in this city.”
He called for the TTC to improve its anti-bias training and make hiring decisions to ensure its enforcement unit reflects Toronto’s diversity. Some people who used to work for the agency’s enforcement unit say they were uncomfortable with the use of the field information cards. A former member of the TTC’s transit enforcement unit contacted the Star to raise concerns about the database after the Star published unrelated allegations of misconduct by transit officers. The former officer, who agreed to discuss the issue on the condition of anonymity out of concern for future employment prospects, said there were “no checks and balances” on the use of the database and he believed riders should be made aware of it.
“There’s no real oversight really,” he said, adding he was concerned the TTC’s practice was akin to police carding.
Ann Cavoukian, Ontario’s information and privacy commissioner between 2007 and 2014, said the TTC should consider suspending the collection of riders’ personal information, or at least provide the public and riders with more information about their rights and how the agency is using the data.
“In my view, I think they should stop collecting this information. At the very least, if they must continue collecting it, they should start by giving notice, clear transparency about what they’re doing, how long they’re going to retain the data, and in what form,” she said.
“I’m just really disturbed by this … I had no idea they had a database or they keep this information.”
The Star’s investigation into the database follows separate incidents that have raised concerns about the TTC enforcement unit’s conduct related to issues of privacy and alleged racial profiling.
A 2018 TTC report determined a fare inspector had used information he collected from a female rider to contact her later and ask her on a date, an incident that caused the woman to “fear for her safety.” The inspector kept his job.
The TTC is also being sued by a young Black man who was pushed and pinned down by transit officers as he got off a streetcar in February 2018, in what he alleges was a case of racial profiling. The allegations haven’t been proven in court.
In part as a result of the Star’s questions about the database, the TTC said it is reviewing the forms and how officers used them. However, at a TTC board meeting last month agency officials said they planned to make greater use of the database to help get a handle on the network’s costly fare evasion problem, which the city auditor general recently reported cost the TTC $61 million in foregone revenue last year.
The agency is also hiring an additional 45 fare inspectors and 22 enforcement officers this year, bringing their total complement to 186 officers and meaning interactions between officers and riders will likely become more frequent.