Canadians have expressed their concerns about the practice among retailers of asking for and recording information from their driver’s licences. And there is confusion among many retailers about when it may or may not be okay to collect or record licence information.A driver’s licence is not a universal identity card. Rather, it is a means to enforce traffic laws and offer proof that someone is authorized to operate a motor vehicle. The driver’s licence number is sensitive and valuable to those intent on committing identity crimes. For this reason, these numbers are often the subject of security attacks and misuse.In Canada, there are four laws that govern the personal information practices of retailers.
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In 1986, Waldale, a Canadian licence plate manufacturer, due to a production error, produced an entire batch of New Brunswick plates that began with the letters ASS. The plates were issued, and were unofficially scrapped, but many found their way into the collectors' black market.
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These laws are overseen by the Privacy Commissioner of Canada, and his counterparts in Alberta, British Columbia and Quebec. For the most part, where your business is located will determine which one you are subject to.Essentially, these laws require retailers to clearly tell customers why they are collecting the information and then ask for the least amount to meet their purposes. They also demand retailers to protect personal information in their care. Retailers should note that there is a big difference between examining identification, recording a name and address from it, recording the licence number, and photocopying the licence. Many business purposes can be satisfied by simply examining identification, or recording the name and address as displayed on it.This guide has been prepared by the Office of the Privacy Commissioner of Canada, and the Offices of the Information and Privacy Commissioner of Alberta and British Columbia.
It is intended to help retailers navigate the privacy issues and risks related to driver’s licences and to encourage them to carefully consider whether they need any information from customer driver’s licences at all. The driver’s licence – not a universal identity cardOver time, the driver’s licence has come to be used by many retailers as a reliable document to verify identity. Many organizations and individuals in fact treat the driver’s licence as a universal identity card by asking to see it and by recording information from it when individuals make purchases, return items or rent equipment.The purpose, however, of a provincial driver’s licence is to demonstrate that a person is authorized to operate a motor vehicle – it is not a universal identity card. What makes the driver’s licence so attractive to retailers?A driver’s licence is government issued and therefore considered reliable.
It contains a great deal of personal information: photograph of licensee, address, birth date, signature, physical description (such as height or need for corrective lenses). For many retailers, however, it is the driver’s licence number that is of great interest, often because it can serve as a unique identifier.In Alberta and British Columbia, the licence number is a unique number that has little or no significance or meaning in terms of other personal information attributes. In other provinces, however, some personal information is embedded in the driver’s licence number. For example, a person’s year of birth, gender or partial last name may form part of the licence number.
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March 2023
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