Post Tagged with: "c-13"

Justice Parliamentary Secretary Links Cable Theft to Terrorist Plots, Cyberbullying

Media coverage of the government’s introduction of Bill C-13, the lawful access/cyberbullying bill, quickly focused on the inclusion of provisions that seemingly had little to do with cyberbullying, including terrorism and theft of cable. While the government has tried to justify the omnibus approach on the grounds that it is modernizing investigative powers in the Criminal Code, it is striking that some MPs have claimed that there is an even more direct link.

Bob Dechert, the Parliamentary Secretary to the Minister of Justice, said the following during debate on Bill C-13 in the House of Commons:

Read more ›

December 2, 2013 8 comments News

MacKay Still Providing Inaccurate Information on Bill C-13’s Voluntary Disclosure Provision

Justice Minister Peter MacKay appeared last week before the Standing Committee on Justice and Human Rights and was asked once again about the inclusion in Bill C-13 of an immunity provision for intermediaries for the voluntary disclosure of personal information. MacKay again suggested that warrants would be required for disclosure, yet this is simply inaccurate. The exchange:

Read more ›

December 2, 2013 3 comments News

Why Peter MacKay Is Wrong About Warrantless Access to Personal Information

The debate on Bill C-13 opened yesterday in the House of Commons with opposition MPs calling on the government to split the bill into two (cyberbullying and lawful access) and raising concerns about the voluntary disclosure provision that would give Internet providers complete criminal and civil immunity for voluntary retention and disclosure of subscriber information. When asked about the issue, Justice Minister Peter MacKay said the following:

The provision would clarify that the police officer can lawfully ask – and he points out – that individuals and groups voluntarily preserve data or provide documentation, but only when no prohibition exists against doing so. That is to suggest that organizations would still be bound by the Personal Information Protection and Electronic Documents Act, something known as PIPEDA, which makes it clear that an organization is entitled to voluntarily disclose personal information to the police, without the consent of the person to have the information relayed.

However police have to have lawful authority to do so. They still have to obtain a warrant. They can ask that the information be preserved and temporarily put on hold so that it cannot be deleted, but in order for police to access that information that is frozen, they must still obtain a warrant. There is no warrantless access.

Unfortunately, MacKay is wrong.

Read more ›

November 28, 2013 5 comments News

NDP Calls on Government To Split C-13 While Stoddart Surprisingly Supports Approach

The New Democrats have called on the government to split Bill C-13, arguing that the cyberbullying provisions should be examined separately from the return of lawful access provisions.  Somewhat surprisingly, outgoing Privacy Commissioner Jennifer Stoddart has expressed support for the government’s decision to include lawful access powers in the bill.

Read more ›

November 28, 2013 1 comment News