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Privacy
The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law
A little over five years ago, I launched the Law Bytes podcast with an episode featuring Elizabeth Denham, then the UK’s Information and Privacy Commissioner, who provided her perspective on Canadian privacy law. I must admit that I didn’t know what the future would hold for the podcast, but I certainly did not envision reaching 200 episodes. I think it’s been a fun, entertaining, and educational ride. I’m grateful to the incredible array of guests, to Gerardo Lebron Laboy, who has been there to help produce every episode, and to the listeners who regularly provide great feedback.
The podcast this week goes back to where it started with a look at Canadian privacy through the eyes of Europe. It flew under the radar screen for many, but earlier this year the EU concluded that Canada’s privacy law still provides an adequate level of protection for personal information. The decision comes as a bit of surprise to many given that Bill C-27 is currently at clause-by-clause review and there has been years of criticism that the law is outdated. To help understand the importance of the EU adequacy finding and its application to Canada, Colin Bennett, one of the world’s leading authorities on privacy and privacy governance, joins the podcast.
The Law Bytes Podcast, Episode 196: Vibert Jack on the Supreme Court’s Landmark Bykovets Internet Privacy Ruling
The federal government has struggled to update Canadian privacy laws over the past decade, leaving the Supreme Court as perhaps the leading source of privacy protection. In 2014, the court issued the Spencer decision, which affirmed a reasonable expectation of privacy in basic subscriber information and earlier this month it released the Bykovets decision, which extends the reasonable expectation of privacy to IP addresses.
Vibert Jack is the litigation director of the BC Civil Liberties Association, which successfully intervened in the case. He joins the Law Bytes podcast to examine the case, including the evolution of Canadian law, the court’s analysis, and the implications of Bykovets for Internet privacy in Canada.
Better Laws, Not Bans: Why a TikTok Ban is a Bad Idea
New legislation making its way through the U.S. Congress has placed a TikTok ban back on the public agenda. The app is already prohibited on government devices in Canada, the government has quietly conducted a national security review, and there are new calls to ban it altogether from the Canadian market. While it might be tempting for some politicians to jump on the bandwagon, a ban would be a mistake. There are legitimate concerns with social media companies, but there simply hasn’t been convincing evidence that TikTok currently raises a national security threat nor that it poses a greater risk than any other social media service. The furor really seems to be a case of economic nationalism – a desire to deny a popular Chinese service access to the U.S. market – rather than a genuine case that TikTok poses a unique privacy and security threat. Taken at face value, however, the case against TikTok comes down to a simple concern: its owner, ByteDance, is a Chinese company that could theoretically be required to disclose user information to the Chinese government or compelled to act on its behalf. The proposed U.S. law therefore would require that TikTok be sold within six months or face a ban.
While the concerns associated with TikTok given its Chinese connection and popularity with younger demographics are well known, the privacy and security case against it is very weak.
Conservatives Double Down on Support for Mandated Internet Age Verification and Website Blocking: Why Can’t Canada Get Common Sense Digital Policy?
Digital policy has been the source of seemingly never-ending frustration for years in Canada. The government chose to prioritize two flawed bills on online streaming and online news, both of which sparked considerable opposition, lengthy delays, and ultimately delivered few actual benefits (Bill C-11 faces at least another year of hearings at the CRTC, Bill C-18 is a disaster that has left many media companies worse off). Its 2021 consultation on online harms was so badly received that it was quickly shelved and has required nearly three years to recover. The policies it should have prioritized such as stronger privacy and competition rules were largely left to languish with Bill C-27 still in committee and now subject to mounting opposition over the decision fold AI regulation with minimal consultation into the bill.
Given that track record, it is hard to be optimistic as the online harms rules get set to take centre stage.
The Law Bytes Podcast, Episode 192: Kate Robertson on the Privacy, Expression and Affordability Risks in Bill C-26
Bill C-26, alternately described as a cyber-security, critical infrastructure or telecom bill, remains largely below the radar screen despite its serious implications for privacy, expression, and affordable network access. The bill is currently being studied at a House of Commons committee that seems more interested in partisan political gamesmanship rather than substantive hearings. Kate Robertson is lawyer and senior research associate at the Citizen Lab in the Munk School at the University of Toronto who is a former criminal counsel and the co-author of one of the most extensive Bill C-26 committee submissions. She appeared last week at the committee studying the bill, but with limited opportunity to engage on the issues, she joins the Law Bytes podcast to talk about the bill, the concerns it raises, and some of the potential fixes.
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