Innovation, Science and Industry Minister François-Philippe Champagne yesterday unveiled Bill C-27, the updated privacy reform law. While Champagne described it is a “historic day”, the bill is better described as a case of Groundhog Day, since it looks an awful lot like the last privacy bill that died with last year’s election call and which never even advanced to the committee stage. I wrote earlier this week about the government’s seeming indifference to privacy and this bill doesn’t do much to change the analysis as the bill raises many of the same questions and will likely face similar opposition.
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The Law Bytes Podcast, Episode 121: The Law Is No Longer Fit For Purpose – My Appearance Before the ETHI Committee on Canadian Privacy and Mobility Data
The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data with questions about whether there was appropriate disclosures, transparency and consent from the millions of Canadians whose data may have been collected. I appeared before the committee toward the end of the study, emphasizing that while the activities were arguably legal, something still does not sit right with many Canadians. This week’s Law Bytes podcast goes inside the hearing room for my appearance, where I made the case that Canada’s outdated privacy laws are no longer fit for purpose.
The Urgent Need for Privacy Reform: My Appearance Before the Standing Committee on Access to Information, Privacy and Ethics
The House of Commons Standing Committee on Access to Information, Privacy and Ethics spent much of February conducting a study on the collection and use of mobility data by the Government of Canada. The study stems from reports that the Public Health Agency of Canada worked with Telus and BlueDot, an AI firm, to identify COVID-19 trends based on mobility data. I appeared before the committee earlier this week, making the case that this is a a genuine privacy quandary where the activities were arguably legal, the notice met the low legal standard, Telus is widely viewed as seeking to go beyond the strict statutory requirements, and the project itself had the potential for public health benefits. Yet despite these factors, something does not sit right with many Canadians. I believe that something are outdated privacy laws that are no longer fit for purpose. My opening statement is posted below.
The Law Bytes Podcast, Episode 95: Mark Phillips on the Federal Court of Canada’s Right to be Forgotten Ruling
Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does.
Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next.
Misplaced Priorities: Why Has Canada’s Privacy Bill Disappeared from the Government’s Legislative Agenda?
Last November, then Innovation, Science and Economic Development Minister Navdeep Bains introduced Bill C-11, long overdue privacy reform. The bill appeared to be a top government priority, with Prime Minister Justin Trudeau emphasizing that the new law would give Canadians more control over how companies handle their personal information. While the bill isn’t perfect – I wrote posts on some of the benefits and concerns – there was no debating that it represented an important step forward in modernizing Canada’s privacy law.
Yet months after the bill was introduced, it is seemingly going nowhere.
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