With security breaches regularly affecting millions (or even billions) of people, effective security breach disclosure rules are an essential part of a modern privacy law framework. It may surprise many to learn that Canada still does not have mandatory security breach disclosure rules that require companies to notify affected individuals in effect. Rules were passed in 2015, but the accompanying regulations were puzzlingly slow to emerge. The government finally released proposed regulations late in the summer with a consultation that closed earlier this week. My submission, which focused on implementation, content of notices, and proposed “indirect” notification, is posted below.
Articles by: Michael Geist
Fake Data on Fakes: Digging Into Bell’s Dubious Canadian Piracy Claims
The Globe and Mail ran a masthead editorial yesterday that did not mince words with respect to Bell’s recent proposal calling on the Canadian government to support radical copyright reforms in NAFTA such as North America-wide mandatory website blocking and the full criminalization of copyright. Under the title, A Bad Idea for ‘Fixing’ Canada’s Internet Rules, the Globe argued that Bell’s plan “adds up to a frontal attack on online freedom.” Bell has earned the criticism, but it should also be noted that underlying its request were dubious claims about the state of Canadian piracy. Indeed, as Bell shifts its copyright position to mirror those promoted by the MPAA and RIAA, it seems ready to emulate age-old, discredited tactics that inaccurately seek to paint Canada as a piracy haven.
Netflix Canada and the Misleading Claims About “Level Playing Fields”
Canadian Heritage Minister Melanie Joly’s plan for digital Cancon has attracted considerable criticism, particularly the Netflix commitment to spend $500 million on productions in Canada over the next five years. Companies and commentators have argued that the deal creates an “uneven playing field”, noting that Netflix faces different obligations than Canadian companies for both tax collection and contributions to creating Canadian content. In both cases, however, the uneven playing field argument in favour of Netflix does not withstand even mild scrutiny.
Joly’s Digital Cancon Plan: Netflix May Be The Star, But No New Regulations, Taxes or Bailouts is the Story
Canadian Heritage Minister Mélanie Joly presented her vision for digital Cancon earlier today, delivering a wide ranging plan that included previously leaked information about a commitment from Netflix to spend $500 million over five years on production in Canada. The Netflix commitment is the headline of the day, though earlier reports inaccurately claimed that the funding would be for Canadian content rather than productions in Canada (the two are not the same given the restrictive approach to Cancon definitions).
The agreement represents a major long-term commitment to the Canadian market which should go some way to appeasing critics who feared that the company might abandon Canadian production in the future. However, since Canada was already one of the company’s top three countries for production, it may not result in a significant increase in funding.
Not Just Netflix: Government Asks the CRTC To Conduct a Review of Changing Broadcast Models
Canadian Heritage Minister Mélanie Joly will formally unveil her digital Cancon strategy on Thursday, but aspects of the plan are already coming to light. There have been several reports about an agreement with Netflix to commit $500 million to production in Canada over the next five years. Assuming this is accurate, it may not necessarily mean a big increase in spending (Canada was already one of the top three markets for Netflix production) but it will provide certainty about the company’s commitment to Canada.
It would also appear that the government envisions asking the CRTC to become involved in developing policy, particularly with respect to upcoming review of the Broadcasting Act and Telecommunications Act. An Order-in-Council has just been posted online that requests that the CRTC conduct a study on programming distribution models and their impact on the maintaining a “vibrant domestic market.” The report will examine:
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