Metrolinx boosts privacy protection for Presto users
Data released to law enforcement will be limited by new policy, but some can still be shared without a warrant
Metrolinx has adopted a new privacy policy for its Presto fare card system, after the Star revealed the agency had been sharing transit users’ travel data with law enforcement officials.
At a meeting Thursday, the agency’s board approved recommendations Metrolinx said were designed to improve privacy protections and provide greater clarity to the public about how and when it will provide cardholders’ data to officers.
Metrolinx, which is the arm’s-length provincial agency in charge of regional transportation planning as well as the Presto system used by the TTC and other transit agencies, says it shares only card data that shows where and when customers tap their fare card as part of a transit trip. Other information, such as financial details, is not disclosed.
The new policy was first outlined in September, but has since been refined through public consultation. It stipulates that a court order will “generally be required” from officers seeking cardholder information in relation to an alleged crime that occurred outside the transit system. It will also require a warrant if the request is for information from multiple cards or spans several weeks of data.
However, the policy states that because of the agency’s “commitment to public safety,” it will provide information without a court order in some circumstances. Those include missing persons cases or emergencies, for instance if someone is trying to locate a relative who may be suicidal.
Metrolinx will also provide card data without a court order if transit officers or a regular law enforcement agency are investigating a crime that occurred on the transit system.
The idea of sharing information without a warrant even if it’s related to a criminal investigation has been criticized by privacy experts, who argue that if there are reasonable grounds to believe a crime has been committed, it should be easy for police to obtain a court order.
Metrolinx CEO Phil Verster defended the policy Thursday, suggesting that requiring a warrant could delay an investigation and put the public at risk because “very often, time is of the essence.”
“Especially on our network, we have a responsibility to exercise due care, and to do what is effective and efficient to ensure our transit system is safe,” he said.
He noted that the agency had submitted the policy for review by the province’s Information and Privacy Commissioner to ensure that “it conforms with best practice.”
As part of the policy, Metrolinx will require officers to get their supervisor’s sign-off for all requests, and each case will be reviewed by the agency’s privacy office or legal counsel before information is released.
Customers whose information has been shared for an emergency or in relation to a concern about their own safety will be notified of the disclosure. In all other cases, Metrolinx will tell the customer only if authorized to do so by law enforcement.
The agency has also committed to publishing an annual report that will state how many requests for Presto data Metrolinx received and how the agency responded. The report will be posted online and will identify law enforcement agencies that made requests.
Officers eligible to request Presto data are police, transit safety officers and special constables.
The Presto fare card system is used by 11 transit agencies across the Greater Toronto and Hamilton area and Ottawa. There are 2.1 million cards registered.
As of January, law enforcement agencies have asked for Presto data 56 times, according to Metrolinx. Twenty requests were for missing persons cases and 32 were related to alleged criminal offences. The remaining four were cases such as wallets found with no other ID.
Of the 32 requests for information related to criminal offences, Metrolinx granted 10 in full without a court order. In eight instances, some information was provided without a warrant, but only parts of the request were granted. In 12 cases, no information was provided, and two were granted after officers produced a court order.
A Metrolinx spokesperson said the statistics are still considered preliminary. The agency will publish its first official annual report on law enforcement requests in February.
The new policy will go into effect in January, subject to the recommendations of the privacy commissioner.