The Windsor Star features a masthead editorial on C-29, the privacy reform bill introduced this week. The Star calls for changes, concluding "Clement needs to go back to the drawing board and come up with legislation that puts the interests of consumers first."
Post Tagged with: "pipeda"
C-29: The Anti-Privacy Privacy Bill
Industry Minister Tony Clement introduced two bills yesterday – the Fighting Internet and Wireless Spam Act (C-28) and the Safeguarding Canadians' Personal Information Act (C-29). I have spoken positively about C-28 (here, here, and here), which is long overdue and should receive swift passage. By contrast, C-29 is a huge disappointment. The bill is also long overdue as it features the amendments to Canadian private sector privacy law from a review that began in 2006 and concluded with a report in 2007.
Just over three years later, the government has introduced a bill that does little for Canadians' privacy, while providing new exceptions for businesses and new powers for law enforcement (David Fraser has helpfully created a redline version of PIPEDA with the proposed changes). The centrepiece of the bill is a new security breach disclosure provision, but the requirements are very weak when compared with similar laws found elsewhere. In fact, with no penalties for failure to notify security breaches, the provisions may do more harm than good since Canadians will expect to receive notifications in the event of a breach, but companies may err on the side of not notifying (given the very high threshold discussed below) safe in the knowledge that there are no financial penalties for failing to do so.
Anti-Spam and Data Breach Notification Bills Coming Next Week
The government has placed two bills on the notice paper for introduction next week: the Electronic Commerce Protection Act (which is the re-introduction of the anti-spam bill that died with prorogation) and amendements to PIPEDA (which should be a data breach notification requirement bill).
Wire Report on PIPEDA Reform
The Wire Report has an excellent article on submissions received by the Privacy Commissioner of Canada on PIPEDA reform. Based on information obtained via access to information, the report notes that associations and businesses such as the Canadian Wireless Telecommunications Association and Microsoft warn against further PIPEDA reform.
State Farm Challenges Constitutionality of Canadian Privacy Law
Later this month, the Federal Court of Canada will hear a case in Halifax that threatens Canada's privacy law framework. State Farm Mutual Automobile Insurance Co. is contesting the constitutional validity of Canada's private sector privacy legislation (PIPEDA), arguing it oversteps the federal government's jurisdictional power. My weekly technology law column (Toronto Star version, homepage version) argues that if successful, PIPEDA would no longer apply to thousands of Canadian businesses and new legislation such as the Electronic Commerce Protection Act (ECPA) would be imperilled.
The case stems from a dispute over an insurance claim arising from a March 2005 automobile accident. Gerald Gaudet, the injured party, asked State Farm to provide copies of all names, addresses, and phone numbers of anyone to whom it disclosed his personal information (State Farm had used a private investigator to conduct surveillance on Gaudet). After State Farm refused to disclose the information, Gaudet filed a complaint with the Privacy Commissioner of Canada.
The Privacy Commissioner proceeded to launch an investigation into the case, asking State Farm to provide it with the requested information. The insurance company again refused, leading to the Federal Court case.
Recent Posts
The Law Bytes Podcast, Episode 273: Rebroadcast of the Globe and Mail’s The Decibel on Canada’s First Steps Towards a Social Media Ban 
Midnight Madness: The Government Rushes Lawful Access Bill Through the House Without Debate or a Recorded Vote 
One Step Forward, Two Steps Back: Bill C-36 Modernizes Canada’s Privacy Law, Then Delays It to 2030 
Gary Anandasangaree’s Vic Toews Moment Shows the Government Has Lost Its Way on Lawful Access 
Government Moves to Shut Down Lawful Access Hearing In Order To Fast Track Passing the Bill This Week
