Archive for July, 2021

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Picking Up Where Bill C-10 Left Off: The Canadian Government’s Non-Consultation on Online Harms Legislation

The Canadian government released its plans yesterday for online harms legislation with a process billed as a consultation, but which is better characterized as an advisory notice, since there are few questions, options or apparent interest in hearing what Canadians think of the plans. Instead, the plans led by Canadian […]

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July 30, 2021 46 comments News
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The Law Bytes Podcast, Episode 96: More Harm Than Good – My Appearance Before the Senate Transport Committee on a Copyright Bill to Support Media Organizations

Bill S-225, Senator Claude Carignan’s copyright bill, would create a new compensation scheme for media organizations by establishing a new collective rights system for the use of news articles on digital platforms. It may not become law, but it has sparked considerable discussion within the Senate on the issue of media and Internet platforms. In fact, while the digital policy world was focused on Bill C-10, last month the Senate Standing Committee on Transport and Communications held hearings on the bill with a wide range of witnesses that included News Media Canada, Facebook and Google. I was invited to appear in their last hearing of the session alongside Jamie Irving from News Media Canada and Kevin Chan from Facebook. This week’s Law Bytes podcast episode goes inside the virtual committee hearing room with my opening statement and exchanges with several Senators.

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July 26, 2021 5 comments Podcasts
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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.

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July 19, 2021 2 comments Podcasts
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Reviving Bill C-10: CRTC Re-Opens Data Gathering Plans To Require Disclosures from Internet Streaming Services

Bill C-10 may be dead for now (Senate discussions on returning during the summer will reportedly not include the bill), but CRTC Chair Ian Scott has signalled a willingness to move ahead with Bill C-10-like policies. In fact, even without legislative reform, the CRTC last week announced that it is re-opening its approach to a digital media survey by seeking to expand it to cover foreign streaming services. The decision is notable for several reasons, not the least of which is that the survey would overlap with the data disclosure provisions in Bill C-10 and Scott had previously indicated that he did not believe he had the legislative tools to require data disclosures.

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July 6, 2021 13 comments News