Need Legal Advice Please...

[bcteagirl]

Thought some of you here might know more about this than I do?

Here is the situation.. the university opened a new gym, open both to students, students at the college and the public. However they have also instititued a policy that all university students must submit to being fingerprinted and that will be used as ID to get in (Before we swiped our cards at the front desk, our student cards are individual and feature picture ID).

The rationelle behind this was 1) That they would not have to have someone at the front desk (They do and will continue to do so, in fact they have an extra one now as it is a large and busy facility) 2) It would prevent people from scanning their card and letting others in behind them (How does it do that?) and 3) THere would be a university only area that you would scan your finger print to get in (There is none, the budget must have fallen short, same reason the roofs are all ductwork).

The security features are as laughable as the rationelle... They claim they are not storing pictures of fingers, just the math behind the picture.. so they are not storing identifying info, just all the identifying info! I mean it would have to be identifying if we are to use it to log in! When I asked about security re: simply having goverment (Ours or the US if heaven forbid something bad happened again) requisition the database, their entire plan is 'They don't even know about it, therefore it is secure'.. The fact that they take this so lighty makes me wonder just how secure the computer etc is and makes me shudder.

There are also laws to protect people's privacy.. people cannot require people to be fingerprinted and store the fingerprints without good reason.. this protects us, for example, from being fingerprinted everytime we get a job at McDonalds, just because it might suit them. I talked to the lady in charge (Where the quote above came from).. the government does not know about this, therefore it is grossly *illegal*.

So far (twice) I have gotten in without being fingerprinted and therefore am not 'in the system'.. they are behind a large desk.. I flash my student card (prev. method of entry was scanning it, but that is no longer avail) and keep walking.. they start to tell me I need to be finger printed, and I say something like 'I don't do the fingerprints thank you' very politely without slowing down... no one has come after me (Although they would pretty much have to jump over a large counter to do so). Not sure how long that will work.

Supposing for a minute that we do not think that unsecure storage of our fingerprints is a big deal.... after all I am not planning on committing a major crime anytime soon.. There is another problem.

I have spoken to many students who are now no longer going to the gym because of this fingerprinting policy. They were also not taken seriously (Although I remained calm I was treated as if I was nuts). Many of them are international students who are sensitive about being fingerprinted.... We also have a large First Nations population at this university who are understandably leery about mass fingerprinting for no reason. I have one friend who's physiotherapist moved into the building, and she has not been able to access him because she refuses to be fingerprinted (And did not know about just walking past as I do)....*What they are doing is marginalizing the most vulnerable members of society*.... and those who are less likely to put up a fuss or seek legal counsel.. At the same time not only are they forced to pay for the gym (no refunds) but they are also doubling what is put on our tuition bill, since it is a 'new' gym

They have not been accessing these facilities because they assumed they could not! I used to see a real mix of backgrounds in the gym.... now it is mostly caucasian middle class who do not see what the 'big deal' is about fingerprinting....

So we are just now starting to get organized.. On Monday I am going to use the gym with my friend who has not been to see her physio (She also needs the gym for the same reason!) and showing her how I get in (She was scared to do so alone).. We are drafting a letter outlining our concerns, and will hopefully be putting together a petition. She has a friend at the Women's center who may be able to help... I am having trouble finding information on fingerprinting, and thought perhaps others might be able to offer some suggestions?

[tinytina]

WOW!!
ummm sorry I am not of any help to you.
way to go for sticking up for yourself!!
I would not get finger printed just to go to the gym.....hmmm it seems like this is just the beginning.
CRAZY!!

[koala]

I know the Hospital I work for will be starting this as well. We have been opposed to it, saying it is a violation of our personal rights,......well the bad news is, they can do it. I'm sorry I am not much help.

[harkatsmom]

Wow BCT, I find this very interesting, and see it as another Big Brother tactic.
If I was you, I would probably call legal aid and see what they have to say.

[bcteagirl]

Good advice, I had not thought of that yet thank you.

[harkatsmom]

Good advice, I had not thought of that yet thank you.

Let us know what they say about this, as I am very interested in their answer

[koala]

Let us know what they say about this, as I am very interested in their answer

Me too because our union (I know) says there is nothing that can be done.

[bcteagirl]

Likely I will wait a little bit on that and see if the letter does any good.. or at least until I have talked to the other people I am working with. I find it sad (And hard to believe) that your union says nothing can be done

[alajen]

Does the gym have a privacy policy? Fingerprints are considered personal information and are covered under the federal government's Privacy Act.

I didn't go through the whole document, but it does mention fingerprints, plus info on laws governing the collection and use of personal information. Hope that helps.

[koala]

Likely I will wait a little bit on that and see if the letter does any good.. or at least until I have talked to the other people I am working with. I find it sad (And hard to believe) that your union says nothing can be done

I find it hard to believe as well...after all that is why we pay our dues, Right?

[bcteagirl]

Does the gym have a privacy policy? Fingerprints are considered personal information and are covered under the federal government's Privacy Act.

I didn't go through the whole document, but it does mention fingerprints, plus info on laws governing the collection and use of personal information. Hope that helps.

Thanks... took a quick look around it, seems to be more about when they will and will not release info to others or to you, but will take a closer look.

[Skippy]

Wow BCT, I find this very interesting, and see it as another Big Brother tactic.
If I was you, I would probably call legal aid and see what they have to say.

If its like Ontario, there should be a type of Free Legal Aid service at your University,or alternately there should be Free Legal Aid clinics that dispense advice. Just contact your local Legal Aid but tell them you just want advice and are not applying.

[joyful]

Wow indeed. Good luck with this, bctea; I agree with calling legal aid.

I wouldn't know what else to do!

[bcteagirl]

Thanks guys, all good advice so far! There is one group on campus that is active politcally (They protest tuition increases and environmental concerns).. may contact them to see what help they can give me (or advice) if need be......It really just enraged me to find people thought they did not even have the option of going to the gym (Just found out about it later today, can you tell?)

[nagem]

What about the students union?They should have a opinion on this so talk to one of them and share your concerns, they should be able to look into it and maybe get a resolution.