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Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy
Earlier this week, I wrote about how the government’s inclusion of warrantless information demand powers in Bill C-2 may make this the most dangerous lawful access proposal yet, exceeding even the 2010 bill led by Conservative Public Safety Minister Vic Toews. The post emphasized the broad scope of the information demand power. Unlike prior lawful access proposals that targeted telecom and Internet companies, Bill C-2 targets anyone that provides a service to the public. This could include physicians, lawyers, accountants, financial institutions, hotels, car rental companies, libraries, and educational institutions. The list literally never ends. Each of these service providers could be compelled to confirm whether they have provided services to any subscriber, client, account, or identifier. They must also disclose whether they have any information about the subscriber, client, account or identifier as well as advise where and when they provided the service. On top of that, they must advise when they started providing the service and list the names of any other person that may have provided other services. All without a warrant or court oversight.
Department of Justice officials provided a briefing on the provisions yesterday and confirmed this reading of the bill. Officials acknowledged that Bill C-2 extends far beyond just telecom companies to services such as financial institutions, car rental companies, and hotels. When asked about hospitals, physicians, and other health professionals, the officials affirmed that they were covered as well (officials claimed that there would still be the need for a criminal investigation, but that is incorrect since this applies to any Act of Parliament, not just the Criminal Code).
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects
The Department of Justice has released its Charter Statement for Bill C-4, the affordability measures bill that also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. The provisions give political parties virtually unlimited power to collect, use and disclose personal information with no ability for privacy commissioners to address violations. Charter statements are designed to identify Charter rights and freedoms that may potentially be engaged by a bill and provide a brief explanation of the nature of any engagement, in light of the measures being proposed. The Bill C-4 Charter statement is notable for its brevity:
The Minister of Justice has examined Bill C-4, An Act respecting certain affordability measures for Canadians and another measure, for any inconsistency with the Charter pursuant to his obligation under section 4.1 of the Department of Justice Act. This review involved consideration of the objectives and features of the Bill. In reviewing the Bill, the Minister has not identified any potential effects on Charter rights and freedoms.
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers
The government’s inclusion of warrantless information demand powers in Bill C-2 may make this the most dangerous lawful access proposal yet, exceeding even the 2010 bill led by Conservative Public Safety Minister Vic Toews. The initial concern regarding the bill’s warrantless disclosure demand unsurprisingly focused on whether the proposal was consistent with Supreme Court of Canada jurisprudence upholding the reasonable expectation of privacy in basic subscriber information (there is a strong argument it is not). The application of this new power was generally framed as a matter for telecom and Internet companies, given that companies such as Bell, Rogers, and Telus are typically the focal point for law enforcement seeking information on subscriber activity. However, it has become increasingly apparent that this is an overly restrictive reading of the provision. The Bill C-2 information demand power doesn’t just target telecom providers. It targets everyone who provides services with the prospect of near limitless targets for warrantless disclosure demands.
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints
I have previously written about Bill C-4, legislation framed as an affordability measures bill, but which also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. The provisions give political parties virtually unlimited power to collect, use and disclose personal information with no ability for privacy commissioners to address violations. Minister François Philippe Champagne has avoided mentioning the privacy provisions when discussing the bill and not a single Liberal MP has discussed it during House of Commons debates.
Government Remains Silent as it Eviscerates Political Party Privacy in Canada By Fast Tracking Bill C-4
The government is moving to eviscerate political party privacy in Canada as it fast tracks Bill C-4, proposed legislation framed as implementing affordability measures, but which also exempts political parties from the application of privacy protections on a retroactive basis dating back to 2000. The government moved to end second reading debate yesterday without a single Liberal MP speaking to the privacy provisions in the bill and is seeking to fast track hearings in the Senate so that it can be passed before Canada Day. The provisions give political parties virtually unlimited power to collect, use and disclose personal information with no ability for privacy commissioners to address violations. The bill drops earlier proposed requirements to disclose security breaches and restrict selling Canadians’ information and it blocks the application of provincial privacy laws. The bill’s provisions set a privacy standard for political parties (effectively limited to merely disclosing their privacy practices) that would be unthinkable for the private sector and establishes an unprecedented back-to-the-future approach of wiping out any potential accountability dating back decades.
Recent Posts
Lawful Access on Steroids: Why Bill C-2’s Big Brother Tactics Combine Expansive Warrantless Disclosure with Unprecedented Secrecy 
Government Reverses on Privacy and the Charter: Department of Justice Analysis Concludes Political Party Privacy Bill Raises No Charter of Rights Effects 
“Big Brother Tactics”: Why Bill C-2’s New Warrantless Disclosure Demand Powers Extend Far Beyond Internet and Telecom Providers 
Government Seeks To Exempt Political Parties From Privacy Laws Even As CRTC Reports They Are Leading Source of Spam Complaints 
The Law Bytes Podcast, Episode 236: Robert Diab on the Return of Lawful Access
