Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

Agir Pour La Liberte D'Expression by Deb Ransom https://flic.kr/p/2m7BZ4U Public Domain

The Conservative Election Platform: Freedom of Expression Commitment Tainted By Support for Payments for Links, Restrictions on Fair Dealing

The Conservative Party released its election platform yesterday, providing a lengthy document that covers a myriad of policy issues. From a digital policy perspective, there are positions sprinkled throughout the document, covering everything from a new innovation policy (an issue that the Liberals de-emphasized over the past two years and the Conservatives are right to target) to labour rights for gig workers.

On many issues, the reality is the policy platform isn’t all that different from the Liberal government’s approach.

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August 17, 2021 15 comments News
google-right-to-be-forgotten-banner by EFF, (CC BY 3.0 US) https://www.eff.org/deeplinks/2019/09/european-courts-decision-right-be-forgotten-case-win-free-s

The Law Bytes Podcast, Episode 95: Mark Phillips on the Federal Court of Canada’s Right to be Forgotten Ruling

Several years ago, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” privacy issue. That may have overstated matters, but the case did address a far more basic question on whether the privacy law applies to Google’s search engine service when it indexes webpages and presents search results in response to searches of an individual’s name. Earlier this month, the federal court released its decision, concluding that it does.

Mark Phillips is a Montreal-based lawyer practicing primarily in the areas of privacy, access to information, civil litigation, and administrative law in both Quebec and Ontario. His client – whose identity remains confidential under order of the court – filed the complaint that ultimately led to federal court decision. He joins the Law Bytes podcast to talk about the case, where the right to be forgotten stands under Canadian law, and what might come next.

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July 19, 2021 2 comments Podcasts
What are you looking at? by Jonas Bengtsson https://flic.kr/p/3bkGjq (CC BY 2.0)

The Law Bytes Podcast, Episode 93: Lex Gill on the RCMP, Clearview AI and Canada’s History of Surveillance

Earlier this month, the Privacy Commissioner of Canada released a scathing report on the RCMP’s use of facial recognition technology, particularly its work with Clearview AI. The report was particularly damaging as the Commissioner found that the RCMP wasn’t truthful when it said it didn’t work with Clearview AI and then gave inaccurate information on the number of uses when it was revealed that it did. In fact, even after these findings, the RCMP still rejected the Privacy Commissioner’s findings that it violated the Privacy Act.

Lex Gill is a Montreal-based lawyer where she is an affiliate at the Citizen Lab and teaches at McGill University’s Faculty of Law. She has also worked at the Canadian Civil Liberties Association and the Canadian Internet Policy and Public Interest Clinic. She joins the podcast to discuss the Commissioner’s findings and to explain why this is best viewed as part of a long cycle of surveillance that has often targeted social movements or vulnerable populations.

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June 21, 2021 2 comments Podcasts
Ministras L. Linkevičius Vilniuje susitiko su Kanados užsienio reikalų ministru Francois-Philippe Champagne by Lithuanian Ministry of Foreign Affairs (CC BY-NC-ND 2.0) https://flic.kr/p/2jVXYEK

Misplaced Priorities: Why Has Canada’s Privacy Bill Disappeared from the Government’s Legislative Agenda?

Last November, then Innovation, Science and Economic Development Minister Navdeep Bains introduced Bill C-11, long overdue privacy reform. The bill appeared to be a top government priority, with Prime Minister Justin Trudeau emphasizing that the new law would give Canadians more control over how companies handle their personal information. While the bill isn’t perfect – I wrote posts on some of the benefits and concerns – there was no debating that it represented an important step forward in modernizing Canada’s privacy law.

Yet months after the bill was introduced, it is seemingly going nowhere.

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March 3, 2021 6 comments News
The Right to Privacy by UNARMED CIVILIAN https://flic.kr/p/f3fSQC (CC BY-NC-SA 2.0)

The Law Bytes Podcast, Episode 72: Emily Laidlaw on the Good, the Bad, and the Missed Opportunities Behind Canada’s Privacy Reform

Canada’s new privacy bill is only a couple of weeks old but it is already generating debate in the House of Commons and careful study and commentary from the privacy community. As the biggest overhaul of Canada’s privacy rules in two decades, the bill will undoubtedly be the subject of deep analysis and lengthy committee review, likely to start early in 2021. Last week’s Law Bytes podcast featured Navdeep Bains, the Innovation, Science and Industry Minister, who is responsible for the bill. This week, Professor Emily Laidlaw of the University of Calgary, who holds the Canada Research Chair in Cybersecurity Law, joins the podcast with her take on the good, the bad, and the missed opportunities in Bill C-11.

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December 7, 2020 4 comments Podcasts