The Canadian government often talks about the importance of privacy, but actions speaks louder than words. Not only has privacy reform clearly not been a priority, but the government seems more than willing to use the weak privacy rules to further other policy goals. There is an obvious price for the government’s indifference to privacy safeguards and it is paid by millions of Canadians when major privacy incidents (think Tim Horton’s or Home Depot) result in no substantive changes and no urgency for reform from the government. Indeed, as I noted yesterday on Twitter, the government has managed to rush through user content regulation in Bill C-11 and mandated payments for links in Bill C-18, but somehow privacy reform in Bill C-27 has barely moved. Some of the responsibility must surely lie with Innovation, Science and Industry Minister François-Philippe Champagne, who brings high energy to everything but privacy reform, but the decision reflects on the entire government.
Post Tagged with: "privacy"
The Law Bytes Podcast, Episode 142: CCLA’s Brenda McPhail on the Privacy and Surveillance Risks in Bill C-26
Earlier this year, Public Safety Minister Marco Mendicino introduced Bill C-26, new cyber-security legislation. The bill may address an issue that is widely regarded as essential, but once Canadian privacy and civil liberties had the opportunity to review the fine print in the bill, many came away concerned. Indeed, by September a coalition of groups and experts wrote to the Minister and party leaders, stating “Bill C-26 is deeply problematic and needs fixing”, warning that it risks undermining privacy rights.
Brenda McPhail, the Director of the Privacy, Technology and Surveillance Program at the Canadian Civil Liberties Association, led the effort to place Bill C-26 in the spotlight. She joins the Law Bytes podcast to discuss the bill and the myriad of concerns that it raises.
The Law Bytes Podcast, Episode 133: Michael Nesbitt on How the Senate Pushed Back Against a Government Bill on Searching Digital Devices at the Border
It isn’t every day that a Senate committee examines legislation and makes notable changes against the wishes of the government. But that’s what happened last month as a Senate committee reviewed Bill S-7, which raised significant privacy concerns regarding the legal standard for searches of digital devices at the border. A chorus of opposition sparked by Senator Paula Simons led to changes in the bill with the Chair of the committee acknowledging “we did not have one witness except the minister and the officials say that the new standard was a good idea.”
University of Calgary law professor Michael Nesbitt, who teaches and researches in the areas of criminal and national security law, appeared before the committee to argue against the government’s proposed approach. He joins the Law Bytes podcast to talk about the bill, the change at the Senate, and what lies ahead as the bill moves to the House of Commons in the fall.
The Law Bytes Podcast, Episode 132: Ryan Black on the Government’s Latest Attempt at Privacy Law Reform
Parliament is now on break for the summer, but just prior to heading out of Ottawa, the government introduced Bill C-27. The privacy reform bill that is really three bills in one: a reform of PIPEDA, a bill to create a new privacy tribunal, and an artificial intelligence regulation bill. What’s in the bill from a privacy perspective and what’s changed? Is this bill any likelier to become law than an earlier bill that failed to even advance to committee hearings? To help sort through the privacy aspects of Bill C-27, Ryan Black, a Vancouver-based partner with the law firm DLA Piper (Canada), joins the Law Bytes podcast to discuss everything from changes to consent requirements to how the law will be enforced.
The Groundhog Day Privacy Bill: The Government Waited Months to Bring Back Roughly the Same Privacy Plan?!
Innovation, Science and Industry Minister François-Philippe Champagne yesterday unveiled Bill C-27, the updated privacy reform law. While Champagne described it is a “historic day”, the bill is better described as a case of Groundhog Day, since it looks an awful lot like the last privacy bill that died with last year’s election call and which never even advanced to the committee stage. I wrote earlier this week about the government’s seeming indifference to privacy and this bill doesn’t do much to change the analysis as the bill raises many of the same questions and will likely face similar opposition.
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