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Diving Into the Digital Privacy Act: My Appearance Before Senate Transport & Comm Committee on S-4

Diving Into the Digital Privacy Act: My Appearance Before Senate Transport & Comm Committee on S-4

Last night I appeared before the Senate Transport and Communications Committee, which is conducting hearings on Bill S-4, the Digital Privacy Act. I have posted on the bill’s shocking expansion of warrantless voluntary disclosure, by pointing to a provision that would permit disclosure to any organization, not just law enforcement. This appearance provided the opportunity to discuss a broader range of issues, including positive elements in the bill (clarification of consent, expansion of the Commissioner publicly disclosing information, and a longer time period to bring a case to the federal court), the areas in need of improvement (security breach disclosure standards, voluntary warrantless disclosure, compliance agreements), and the glaring omission of stronger reporting requirements.

The surprise of the night came at the end, when the chair indicated that the committee did not plan to hear from any further witnesses. The bill will therefore move to clause-by-clause review next week.

Appearance before the Senate Transport and Communications Committee, June 4, 2014

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June 5, 2014 2 comments Committees, News
Federal Ombudsman for Victims of Crime Confirms Victims Split on Bill C-13

Federal Ombudsman for Victims of Crime Confirms Victims Split on Bill C-13

The federal government created the Office of the Federal Ombudsman for Victims of Crime in 2007 to ensure that victims concerns and voices were heard. Last week, Sue O’Sullivan, the current ombudsman, appeared before the committee studying Bill C-13, the lawful access/cyberbullying bill. Ms. O’Sullivan, a former Deputy Chief of Police for the Ottawa Police Service, confirmed what has become increasingly obvious. Despite the government’s expectations that victims and their families would offer strong support for Bill C-13, that community is split on the bill:

I would like to touch briefly on what appears to be the most controversial aspects of the bill, those which relate to investigative tools and the balance of powers and privacy. Privacy matters and technical investigative tools do not generally fall within my mandate. It is worth noting that among the victims we have spoken to, there is no clear consensus on the element of the bill. I have spoken with victims who very much support further measures to assist law enforcement in their investigation, and find the tools included in this bill to be balanced and necessary. I have, like you, heard opposing points of views from victims who don’t wish to see these elements of the bill proceed for fear they will impinge on Canadians’ privacy rights. From my own perspective, I would say that there is a balance to be struck, and the dialogue that Canadians are having is a needed and valuable one.

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June 2, 2014 4 comments News

Government Rejected Its Own Committee’s Preferred Candidate for Privacy Commissioner

With Daniel Therrien, the government’s nominee for Privacy Commissioner of Canada, scheduled to appear before the House of Commons Access to Information, Privacy and Ethics committee tomorrow, reports this morning provide new insights into the government’s selection process. Josh Wingrove of the Globe reports that there was a short-list of […]

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June 2, 2014 2 comments News

What if the Government Passed Lawful Access Without Hearing from Any Privacy Commissioners?

Yesterday I appeared before the Standing Committee on Justice and Human Rights to discuss Bill C-13, the lawful access and cyberbullying bill. My comments focused on three issues: immunity for voluntary disclosure, the low threshold for transmission data warrants, and the absence of reporting and disclosure requirements. As Committee chair […]

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May 30, 2014 9 comments News
From Coding Kids to Internet Exchanges: CIRA Community Investment Program’s First Round Recipients

From Coding Kids to Internet Exchanges: CIRA Community Investment Program’s First Round Recipients

The Canadian Internet Registration Authority today announced the first round of recipients in its Community Investment Program. I ran for the CIRA board in the hope that the organization would establish this kind of program and I’m thrilled to see it come to fruition. CIRA received 149 applications (I reviewed […]

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May 30, 2014 Comments are Disabled News