Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
The state of Canadian privacy law has been ongoing source of concern with many experts concluding that the law is outdated and no longer fit for purpose. This is particularly true when contrasted with rules in the European Union that feature tough penalties and new privacy rights. It would appear that the province of Quebec has concluded that the waiting has gone on long enough. The provincial government recently introduced Bill 64, which if adopted would overhaul provincial privacy laws and provide a potential model for both the federal government and the other provinces.
Eloïse Gratton is a partner at the law firm of Borden Ladner Gervais in Montreal and recognized as one of Canada’s leading privacy law practitioners. She joins the podcast to break down Bill 64 and its implications for privacy enforcement, accountability and new privacy rights.
Last week, I had the enormous honour to deliver the first IAPP Ian Kerr Memorial Lecture. The IAPP and the broader privacy community has been incredibly supportive in the months since Ian’s passing, recognizing his exceptional contributions to the field and stepping up to help support the Ian R. Kerr Memorial Fund at the University of Ottawa. The Ian Kerr Memorial Lecture, which will be an annual lecture held by the IAPP, provided an opportunity to rediscover Ian’s scholarship and think about how he would been an essential voice during the current global pandemic. The lecture – along with introductions from IAPP President Trevor Hughes and UK Information Commissioner Elizabeth Denham – can be found here and is embedded below.
In the months before the coronavirus outbreak, numerous governments around the world enthusiastically jumped on the “regulate tech” train. Digital tax proposals, content regulation requirements, national digital spending mandates, as well as new privacy and data governance rules were viewed by many as essential to respond to the increasing power and influence of digital giants such as Google, Facebook, Netflix, and Amazon.
My Globe and Mail op-ed notes the pandemic has not only sparked a massive shift in economic and health policy priorities, but it is also likely to reorient our views of the tech sector. Companies that only months ago were regarded as a threat are now integral to the delivery of medical equipment, critical to the continuing function of workplaces in a work-from-home world, and the platforms for online education for millions of students. Billions of people rely on the sector for entertainment, communication with friends and family, and as the gateway to health information.
The LawBytes Podcast, Episode 49: Lilian Edwards on the Legal, Ethical and Technology Debate over Coronavirus Contact Tracing Apps
As governments grapple with challenging questions about when and how to relax the current Coronavirus restrictions and give the green light to re-opening businesses, schools, and community spaces, there has been increasing emphasis on the potential for technology to assist with critical activities such as contact tracing. Canada has moved more cautiously on this issue, but the introduction of contact tracing apps seem likely. What will the apps look like and what legal framework is needed to safeguard a myriad of privacy and civil liberties concerns?
Lilian Edwards is a law professor at Newcastle University where she is the Professor of Law, Innovation and Society. She has been leading a fascinating project that seeks to address the legal concerns that might arise from contact tracing apps with a model bill that could be used to establish safeguards and other legal limits. She joined me on the podcast to talk about the latest developments on contact tracing apps, the growing schism between countries, and the legal rules that could address some of the public concerns.
How Canada Should Ensure Cellphone Tracking to Counter the Spread of Coronavirus Does Not Become the New Normal
With experts warning that the Coronavirus pandemic may last well into next year, the urgency of limiting the spread of the virus is sure to increase. Cellphone and social media data will increasingly be viewed as a valuable sources of information for public health authorities, as they seek to identify outbreaks in communities more quickly, rapidly warn people that they may have been exposed to the virus, or enforce quarantine orders. My Globe and Mail op-ed notes the data culled from these sources may prove invaluable, but they raise exceptionally difficult challenges of balancing public health concerns with fundamental privacy rights.