from Toronto on February 13th when it was discovered that he was among
the 8,000 to 10,000 people prohibited by the US from flying over its
airspace. Even though Canadian airlines are not under any legal
obligation to give passenger information to the US, Mr Hepplewhite was
subsequently denied flights on Air Canada and British Airways.
unclear how Mr Hepplewhite’s name was given to American authorities.
Under existing Canadian privacy legislation, Canadian companies are not
supposed to supply customer information to foreign governments. But that
will change if a piece of Canadian legislation known as Bill C42, now
in its third reading in the House of Commons, is passed. The bill puts
in an exemption to the country’s privacy laws that will allow airlines
to divulge passenger information to the US, essentially giving American
authorities the final say on which passengers will be allowed on flights
due to pass over American airspace.
The Canadian Civil Liberties
Association has “serious concerns about the lack of legal safeguards in
Bill C42” and also the about the no-fly list’s fairness and the listing
process in general. “If a person believes they were wrongfully placed on
the US No Fly List, it is apparently very difficult to find out why
they were placed on the list, and difficult to get their name off of the
list,” the association said.
The American Civil Liberties Union, meanwhile, has brought a lawsuit
challenging the no-fly list as “unconstitutional” and “un-American”.