The government is set to introduce its long-promised privacy reform legislation early this week, with the recognition of a fundamental right to privacy expected to serve as a foundational element of the bill. Establishing privacy as a fundamental right would be a welcome and long-overdue development, one that many have called for and that was set to be added to Bill C-27, the prior attempt at privacy reform. Yet the framing is difficult to square with the government’s actual record on privacy, which over the past year has involved a steady stream of privacy-invasive measures that leave the fundamental rights rhetoric feeling more like virtue signalling than a genuine commitment. Simply put, the government cannot credibly claim to treat privacy as a fundamental right while actively undermining that right through a series of other bills and efforts to sideline the Privacy Commissioner of Canada.
Post Tagged with: "c-25"
Going Through the Motions: How Parliament Is Shutting Down Study and Debate on Political Party Privacy
Since the Carney government took power, it has shown an odd pre-occupation with preserving the power of federal political parties to use the personal information of millions of Canadians under fewer restrictions than those faced by practically any other organization in the country. It started with the quick introduction of Bill C-4, an “affordability measures” bill that buried provisions exempting parties from provincial privacy laws and substituted a weak system that applied retroactively to the year 2000. The Senate found the approach so deficient that it sent the bill back with a sunset clause requiring something better within three years, only for the government to reject the amendment and rush the bill to royal assent within hours. Now political party privacy is back in another bill, and the government is back to trying to shut down study and debate. The apparent hope is to pass rules that do not meet modern privacy standards and hope no one notices.
Still Not a Privacy Law: Bill C-25’s Political Party Privacy Provisions Fall Short Again
The government’s treatment of political party privacy has been one of the most dispiriting digital policy stories in recent memory. Last year, it buried political party privacy provisions in Bill C-4, an “affordability measures” bill, that required far less of political parties than of virtually any other type of organization in Canada. The rules were designed primarily to shut down litigation in British Columbia that opened the door to applying the provincial privacy law to federal political parties. Bill C-4 ensured that provincial law would not apply and, for good measure, added a clause making the new rule retroactive to the year 2000. The Senate found the bill so outrageous that it sent it back to the House with a sunset clause that would give the government three years to develop something better. But the government rejected that too and rushed the bill to royal assent in a matter of hours with virtually no debate.
Two weeks later, the government introduced Bill C-25, an Elections Act reform bill that includes updated privacy provisions for political parties and which dropped just before Parliament took a holiday break.
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