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Privacy
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill
The government today reversed course on its ill-advised anti-privacy measures in Bill C-2, introducing a new border bill with the lawful access provisions (Parts 14 and 15) removed. The move is welcome given the widespread opposition to provisions that would have created the power to demand warrantless access to information from any provider of a service in Canada and increased the surveillance on Canadian networks. The sheer breadth of this proposed system was truly unprecedented and appeared entirely inconsistent with Supreme Court of Canada jurisprudence and the Charter of Rights and Freedoms. That was the immediate reaction when the bill was tabled in June (my posts here, here, here, here, here, here, and here. Law Bytes podcasts on the topic here, here, and here) and there was never a credible response forthcoming from government officials. Indeed, if anything, meetings with department officials made plain that this was an embarrassingly rushed, poorly drafted piece of legislation that required a reset.
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance
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.
The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law
The “right to be forgotten” – perhaps better characterized as a right to de-index – has been a hotly debated privacy issue for well over a decade now, pitting those that argue that the harms that may come from the amplification of outdated but accurate content outweighs the benefits of maintaining such content in search indexes. The issue gets its start in Europe, but the Canadian experience has featured privacy commissioner findings and investigations alongside court rulings and provincial reforms.
Kris Klein is one of Canada’s leading legal experts on privacy, access to information and information security issues. He is the founder and managing partner of nNovation LLP, a leading boutique firm specializing in data protection, the Managing Director of IAPP Canada, and teaches the Privacy Law course at my faculty at the University of Ottawa. He joins me on the Law Bytes podcast to discuss the background behind the right to be forgotten, the recent OPC finding, and what may lie ahead on the issue.
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information
The return of the House of Commons from the summer break brings with it a resumption of debate on government bills. Topping the list this week is Bill C-2, the omnibus border measures bill, that buries dangerous lawful access provisions that open the door to warrantless access to personal information and increased surveillance capabilities in Canadian networks. I wrote multiple posts on the privacy concerns before the summer (here, here, here, here, here, and here), expressing concern not only with the substantive provisions but also with a bill that combines everything from border measures to restrictions on cash transactions to warrantless access for law enforcement to personal information. The risk is that no issue will get sufficient attention as major issues get lost among the myriad of disparate provisions. For that reason, the lawful access provisions in Parts 14 and 15 in the bill should be removed and contained, if at all, within a separate bill.
Privacy Lost: How the Government Deleted Bill C-11’s Key Privacy Principle Just Two Months After Passing it Into Law
The Online Streaming Act, the government controversial reform to the Broadcasting Act, continues to attract attention given an ongoing court challenge and backlash from the U.S. government. But there is another element of Bill C-11 that is deserving of attention. Due to what is likely a legislative error, the government deleted privacy safeguards that were included in the bill only two months after they were enacted. As a result, a provision stating that the Broadcasting Act “shall be construed and applied in a manner that is consistent with the right to privacy of individuals” was removed from the bill, leaving in its place two-near identical provisions related to official languages. The net effect is that with little notice (Monica Auer of FRPC spotted it), the Broadcasting Act has for the past two years included an interpretation clause that makes no sense and efforts to include privacy within in it are gone.
Recent Posts
Government Reverses on Bill C-2: Removes Lawful Access Warrantless Demand Powers in New Border Bill 
Why The Recent TikTok Privacy Ruling Swaps Privacy for Increased Surveillance 
The Law Bytes Podcast, Episode 245: Kate Robertson on Bill C-2’s Cross-Border Data Sharing Privacy Risks 
The Law Bytes Podcast, Episode 244: Kris Klein on the Long Road to a Right to be Forgotten Under Canadian Privacy Law 
Government Doubles Down in Defending Bill C-2’s Information Demand Powers That Open the Door to Warrantless Access of Personal Information
