Post Tagged with: "warrantless disclosure"

Why the Digital Privacy Act Undermines Our Privacy: Bill S-4 Risks Widespread Warrantless Disclosure

Earlier this week, the government introduced the Digital Privacy Act (Bill S-4), the latest attempt to update Canada’s private sector privacy law. The bill is the third try at privacy reform stemming from the 2006 PIPEDA review, with the prior two bills languishing for months before dying due to elections or prorogation. 

The initial focus has unsurprisingly centered on the new security breach disclosure requirements that would require organizations to disclose breaches that puts Canadians at risk for identity theft. Security breach disclosure rules are well-established in other countries and long overdue for Canada. The bill fixes an obvious shortcoming from the earlier bills by adding some teeth to the disclosure requirements with the addition of penalties for violations of the law. Moreover, Bill S-4 stops short of granting the Privacy Commissioner full order making power as is found at the provincial level, but the creation of compliance orders has some promise of holding organizations to account where violations occur.

Despite those positive proposed changes to Canadian privacy law, the bill also includes a provision that could massively expand warrantless disclosure of personal information.

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April 10, 2014 41 comments News

Bill C-30’s “Voluntary” Warrantless Disclosure Provision

The debate over Bill C-30, the online surveillance bill, has thus far focused on the mandatory disclosure of subscriber information, including name, address, email address, and IP address. The provision represents a significant change in the law, which currently allows ISPs to disclose such information but does not require them to do so. In response to the criticism, Public Safety Minister Vic Toews has emphasized that the content of emails or web surfing habits would still require a warrant.

Yet Toews has not talked about a provision in Bill C-30 that creates a voluntary warrantless system that would allow police to ask for the content of emails or web surfing habits and allow ISPs to comply with the request without fear of liability. Section 487.0195 states the following:

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February 20, 2012 27 comments News