The government is set to introduce privacy reform next week with the “fundamental right to privacy” expected to serve as a foundational element of the forthcoming bill. Yet as the Standing Committee on Public Safety and National Security continues its clause-by-clause review of Bill C-22, Liberal MP Sima Acan last night offered a stunning perspective suggesting that the government simply does not conceive of privacy as most Canadians do. Frustrated with the dogged efforts of Conservative MP Jacob Mantle to address the privacy implications of the bill, Acan stated that the bill “has nothing to do with the privacy of people and their information.” After multiple hearings on the privacy consequences of mandatory metadata retention, backdoor access and weakened encryption, and reduced evidentiary standards for access to subscriber information, the comment is ill-informed and simply shocking. If that position reflects the broader view within the government, it is little wonder that the privacy risks of lawful access have not been taken seriously.
Post Tagged with: "lawful access"
Bill C-22’s Clause-by-Clause Problem: The Government Includes Agencies Seeking Lawful Access Powers But Blocks the Privacy Commissioner’s Return
The House of Commons public safety committee started its clause-by-clause review of Bill C-22 last week, the stage at which the lawful access bill’s actual statutory language is settled and the privacy safeguards are either written in or left out. The witnesses the committee included said a lot about the government’s commitment to addressing privacy concerns and to ensuring a balanced bill. Clause-by-clause reviews typically include departmental officials as witnesses, who provide support to the committee by answering technical questions. Years ago, officials were viewed as non-partisan, but today officials invariably defend the government’s position and subtly (or not so subtly) argue against amendments. Including non-departmental witnesses is very rare since they have already had the chance to make their case to the committee. Yet the RCMP and CSIS, the agencies that have lobbied for these powers and will wield them, were on hand last week to guide members through the Bill C-22 amendments. Those witnesses will be unlikely to support potential privacy-focused amendments. Even more astonishing, efforts to include Philippe Dufresne, the Privacy Commissioner of Canada, whose recommendations several of the amendments under consideration are drawn from, were rejected by Liberal MPs on the committee.
The Law Bytes Podcast, Episode 271: Taking Stock of a Wild Week in Canadian Digital Policy With the Online Streaming Reversal, AI Strategy Release, and Lawful Access Review
In the span of a few days last week, the government announced it was reversing the CRTC’s Online Streaming Act ruling, released its long-awaited national AI strategy, and kept pushing Bill C-22, the lawful access bill, through committee. Given that this may have been the most eventful week in Canadian digital policy in years, this week’s Law Bytes podcast takes a breath and brings everyone up to speed on the latest developments.
Canadian American Business Council on Bill C-22: It “Threatens Our Bilateral Partnership on Data Security”
The Public Safety committee continues its clause-by-clause review of Bill C-22 this week, even as all the stakeholder briefs on lawful access have still not yet been distributed or published. Late last week, submissions from Apple and the Canadian American Business Council (CABC) were posted online. The Apple brief is well worth a read as it reiterates many of the points raised during its appearance before the committee and provides specific recommendations for reform. The CABC brief is noteworthy since the organization represents many of the largest companies on both sides of the border. And the view of business is unequivocal: the CABC states “We believe Bill C-22 raises fundamental privacy concerns, weakens encryption at a time when Canadians need it more than ever, and threatens our bilateral partnership on data security.”
New Privacy Rights in the Morning, Mandatory Metadata Retention in the Afternoon: How Bill C-22 Undercuts the AI Strategy Before It Launches
The government unveils its long-awaited national AI strategy this morning. AI Minister Evan Solomon has made it clear that the strategy will emphasize trust, noting that Canadians will only embrace the technology if they are confident their privacy is protected and safeguards are in place against potential harms. The privacy assurances are likely to take the form of a new private-sector privacy bill that includes European-style rules, stronger penalties, and recognizing privacy as a fundamental right. The government has proposed as much before, adding fundamental-rights language to the Consumer Privacy Protection Act in Bill C-27 before that bill died on the order paper. But the government is, at the same time, pressuring the public safety committee to pass Bill C-22, whose mandatory metadata retention regime is the single largest privacy risk in Canada in years and one that comparable countries have already struck down as a violation of the fundamental right to privacy. The disconnect is dizzying: the government cannot claim privacy as a fundamental right in the morning and enact mandatory metadata retention that overrides it in the afternoon.
Recent Posts
The Exemption Illusion: Why the Government’s Plan to Fast Track Bill C-34’s Kids’ Social Media Ban Means No Standards, No Privacy Review, and No Enforcement 
Unpacking Bill C-34: My Appearance on the Globe and Mail’s The Decibel Podcast 
Liberal MP: Lawful Access “Has Nothing to Do With the Privacy of People and Their Information” 
The Law to Be Named Later: Bill C-34 Punts 50 Key Decisions to Cabinet and a Digital Safety Commission That Does Not Yet Exist 
Everything All At Once: Bill C-34 Combines Platform Duties, a Kids’ Social Media Ban, AI Chatbot Regulation, and a Powerful Digital Safety Commission Into a Risky “Trust Us” Bet
