P2P-Zone - nosey bastards with a web site

OTTAWA (CP) - Canadian privacy advocates have lodged a complaint about a U.S. company that combs cyberspace for personal information and sells the resulting dossiers.

The case is the latest to highlight the growing flow of digital files across borders and the difficulties in regulating the use of sensitive information.

It also raises questions about whether the federal law that governs the way businesses use information has any effect outside Canada.

The Canadian Internet Policy and Public Interest Clinic filed a protest with Privacy Commissioner Jennifer Stoddart concerning Wyoming-based Abika, which peddles its services at www.abika.com.

The Ottawa-based clinic contends the company is breaching the Personal Information Protection and Electronic Documents Act by collecting and disclosing personal data about Canadians for inappropriate purposes, and without the knowledge or consent of the individuals.

The complaint says Abika gathers and sells a variety of information "one would ordinarily consider to be private" - including police reports, criminal records, telephone logs and even medical records.

"They can't control who is using it or for what purposes," said Philippa Lawson, executive director of the Ottawa clinic. "We did some testing and found out a lot of the information is just plain inaccurate."

Abika insists it is not breaching the law because it is essentially a giant search engine that locates material already available in public and private data bases.

"We have created this search technology which gets you precisely what you are looking for, if it is out there," said company president Jay Patel.

The Ottawa clinic also argues that Abika violates the personal information protection law through the release of inaccurate data about people under its "psychological profile" service.

On its site, Abika says the profile provides the behaviour history of a person, including past and current preferences.

Profiles are compiled from information relating to shopping histories, memberships in various organizations, court records, property deeds, media and opinions expressed in Internet chat rooms, as well as other methods such as statistical comparisons with peer groups, polling and information submitted by friends, co-workers and relatives.

Lawson ordered a psychological profile of herself and found the results "just laughably inaccurate" - including suggestions she was into sado-masochism.

"I remember there was a lot of strange sex stuff in it."

Lawson said she would be very concerned if insurance companies or prospective employers were using such services to make decisions about people.

A spokeswoman for the privacy commissioner had no immediate comment.

Patel characterizes the profiles as "statistical compilations" that provide basic indications about subjects.

"Most people, they're not stupid," he said. "They're going to look at the credibility of the information. They're going to verify it from different sources before they will put their faith or their trust in that information."

Patel questions the need for restrictions on personal information, saying lack of data about people is what breeds fear and ignorance. "Most people don't care about privacy. It's the media that makes it a big hype."

Patel said Abika's automated systems help it serve three million customers annually.

He added the company's clients include Canadian government agencies, but declined to name them.

Lawson believes Canadian privacy law should apply to Abika since it is selling Canadians' information about themselves, but there are hurdles because the firm is based in the United States.

She said the privacy commissioner's office has indicated a willingness to approach American government officials about Abika and other U.S.-based data firms.

"I'm very surprised that privacy advocates in the States haven't taken these companies to task already," she said. "But we'll do it for them if they're not going to."
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