Last month, federal privacy commissioner Philippe Dufresne, alongside his provincial privacy counterparts from Quebec, Alberta, and British Columbia, released the results of a multi-year investigation into TikTok’s privacy practices. As my Hub opinion piece notes, the outcome was never really in doubt—look under the hood of any social media company and you will find some privacy concerns—but what was both surprising and risky was the commissioner’s demand that TikTok engage in increased surveillance of its users in the name of better privacy practices.
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What Is the Canadian Government Doing With Its Incoherent Approach to TikTok?
My latest Globe and Mail op-ed notes that TikTok has long presented a thorny challenge for Western governments. The security and privacy concerns resulting from its link to China have pushed some to ban the app altogether. Others, cognizant of its enormous popularity with younger demographics and its support for the cultural sector, have sought to establish regulatory safeguards, required sales of controlling interest, or demanded localized versions that limit the potential for Chinese influence or interference.
Ottawa has faced many of the same issues, yet what has emerged is an incoherent approach that leaves Canadians with the worst of all worlds: less protection against security and privacy risks, less support for the cultural sector, and less certainty about what the government is trying to achieve.
Another Canadian Digital Policy Own Goal: Corporate TikTok Ban Leads to Millions in Lost Cultural Group Support
The government’s bad run of digital policy choices that led to blocked news links on Facebook and Instagram, ongoing litigation over mandated streaming payments, and the recent cancellation of the digital services tax, has paved the way for another costly loss. Last fall, the Canadian government announced the conclusion of its national security review of TikTok and arrived at a curious plan: ban the company from operating in Canada but leave the app itself untouched. The decision raised concerns about weakening privacy enforcement as the Privacy Commissioner of Canada acknowledged that it is easier to compel documents and support investigations if the company is in Canada (the results of a Privacy Commissioner investigation into TikTok have still not been released).
The Law Bytes Podcast, Episode 219: Scott Benzie on What the Corporate TikTok Ban Means For Canadian Digital Creators
The recent announcement of a Canadian government decision to ban the corporate offices of TikTok but leave the app untouched has left many puzzled since the approach may actually make matters worse. The potential privacy and security risks associated with the app will remain but the ability to hold the company accountable will be weakened. While the government has downplayed the impact of the decision, the reality is that a TikTok exit from Canada will have an impact on Canadian digital creators. This Law Bytes podcast will break down the implications, including a discussion with Scott Benzie, the Executive Director of Digital First Canada, who identifies the digital creator concerns.