Clearer rules needed for ID scanning, bar owners say

Some Alberta bar owners are calling on the province to enact clearer rules and regulations on the use of ID scanners in light of a recent court ruling.

Earlier this month, a judge upheld a ruling from Alberta's privacy commissioner that ordered a Calgary nightclub to stop scanning patrons' driver's licences before allowing them through the door.  

Door staff at many Alberta nightclubs use scanners to photograph and store information from patrons' ID, sometimes including a patron's head shot, home address, birthday and licence number. The clubs say the practice helps keep out people who could cause trouble once they get inside. It also helps clubs to identify people who have caused trouble in the recent past and to block them from entering.

The court ruling only applies to Tantra Nightclub in Calgary and any establishment owned by its parent company, Penny Lane Entertainment. The company is still considering whether it will appeal. But a lawyer for the company, Christopher Tahn, said the laws in Alberta need to be much clearer.

"I would like the legislation to be changed to allow to us to scan ID, but under a strict regime of how we collect and how we store that data and how we notify the patron," he said late last week.

Bar owners worry current rules too vague

While Penny Lane Entertainment ponders its next legal steps, the ruling has other nightclub owners worried that it will set a precedent if complaints are made against them. Those owners and the companies that provide the scanning equipment are calling for the province to step in because they feel the current regulations are too vague.

"We want to be able to keep everyone happy, but the privacy commission won't give you compliance and won't give you defined guidelines. They just tell you what they feel would be unacceptable," said James Marusiak, president of Edmonton-based Servall Data Systems, a company that sells scanning equipment and software to bars.

"I don't think there's any opposition from clubs to have a uniform system that is compliant, and they could have that certificate on the wall.  Everyone's hoping for that. I don't think there's any resistance from the club end of it. I think it's coming from the government."

The Alberta government isn't planning to make any changes because they aren't necessary, said Mike Berezowsky, spokesman for Service Alberta, the government ministry that handles privacy legislation.

"We believe very strongly the protection already exists in the current legislation," Berezowsky said. "The intent of the legislation is to provide a broad set of rules for the entire private sector. We don't generally get into specific industries."

Government licences could help ease customer concerns

But if the government became involved, the companies that furnish the scanning equipment could get licences that would reassure customers that their information wasn't being abused, according to Jesse James Kupina, director of operations for Gateway Entertainment, which owns the Union Hall Nightclub and the Ranch Roadhouse in Edmonton.

"I'd feel comfort... if I went into a place knowing that it was approved by the privacy commission,"  he said.

Edmonton's Public Safety Compliance Team, which monitors bars for safety, overcrowding and liquor laws, could also check to ensure scanners are in compliance with the rules, Kupina said.

Troy Courtereille, field supervisor with the team, said he supports the use of ID scanners in bars.

"We're supportive of anything that increases the safety of patrons and staff in any licensed establishment or hospitality venue,"  he said.

However, Courtereille acknowledged it's hard to say who should be responsible for overseeing the systems if they should require licensing by the government.

"There would be a lot of factors to consider as to how... this would work if the government was to directly get involved,"  he said.