The government is set to introduce its long-promised privacy reform legislation early this week, with the recognition of a fundamental right to privacy expected to serve as a foundational element of the bill. Establishing privacy as a fundamental right would be a welcome and long-overdue development, one that many have called for and that was set to be added to Bill C-27, the prior attempt at privacy reform. Yet the framing is difficult to square with the government’s actual record on privacy, which over the past year has involved a steady stream of privacy-invasive measures that leave the fundamental rights rhetoric feeling more like virtue signalling than a genuine commitment. Simply put, the government cannot credibly claim to treat privacy as a fundamental right while actively undermining that right through a series of other bills and efforts to sideline the Privacy Commissioner of Canada.
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Taking Stock of Bill C-34: Five Things to Know About the Government’s Plan for a Kids’ Social Media Ban, Mandated Age Verification, and AI Chatbot Rules
This past week in digital policy was dominated by Bill C-34, the Safe Social Media Act, which includes platform regulation, an under-16 social media ban backed by mandated age verification, a new AI chatbot regulatory regime, and the creation of a powerful Digital Safety Commission. I have posted daily on the bill, including my initial review, an examination of the 50 key decisions the bill leaves for later, and a closer look at the government’s fast-track implementation plan, alongside a FAQ and posts on mandated ID and trade risks that I published just before the bill was tabled. For those coming to the issue fresh, this post draws on the week’s posts by taking stock of where things stand.
Liberal MP: Lawful Access “Has Nothing to Do With the Privacy of People and Their Information”
The government is set to introduce privacy reform next week with the “fundamental right to privacy” expected to serve as a foundational element of the forthcoming bill. Yet as the Standing Committee on Public Safety and National Security continues its clause-by-clause review of Bill C-22, Liberal MP Sima Acan last night offered a stunning perspective suggesting that the government simply does not conceive of privacy as most Canadians do. Frustrated with the dogged efforts of Conservative MP Jacob Mantle to address the privacy implications of the bill, Acan stated that the bill “has nothing to do with the privacy of people and their information.” After multiple hearings on the privacy consequences of mandatory metadata retention, backdoor access and weakened encryption, and reduced evidentiary standards for access to subscriber information, the comment is ill-informed and simply shocking. If that position reflects the broader view within the government, it is little wonder that the privacy risks of lawful access have not been taken seriously.
Everything All At Once: Bill C-34 Combines Platform Duties, a Kids’ Social Media Ban, AI Chatbot Regulation, and a Powerful Digital Safety Commission Into a Risky “Trust Us” Bet
The government tabled Bill C-34, the Safe Social Media Act, earlier today, marking its third attempt at online harms legislation after the failed 2021 consultation and Bill C-63, the Online Harms Act that died on the order paper when Parliament was prorogued ahead of the 2025 election. As I wrote […]
Everything You Wanted to Know About a Kids’ Social Media Ban (But Were Rightly Afraid to Ask): A FAQ on Age Verification and Mandated ID for Everyone
The government is expected to table the Digital Safety Act on Wednesday with reports that it will include a ban on social media for those under 16, framed as a “temporary” measure that platforms can exit once a new digital regulator certifies their safety standards. I have been writing about these issues, from the original Online Harms Act to mandated age verification and website blocking and now the kids’ ban, for several years. This FAQ gathers the analysis in one place, with links throughout to the longer pieces for anyone who wants to go deeper. The key takeaway is that a kids’ social media ban is an ineffective and harmful policy that raises privacy concerns for tens of millions of Canadians through mandated age verification requirements. The policy fails to address the underlying concerns with social media and the prospect of a “temporary” ban makes little sense since the requirement might be reversible, but the data collection and regulatory infrastructure are permanent.
Recent Posts
Why Being Locked Out of Frontier AI is The Sovereignty Threat Canada Missed 
Blocked Twice: How Bill C-34’s Kids’ Social Media Ban Would Compound the Online News Act’s Harm to Young Canadians’ News Access 
The Law Bytes Podcast, Episode 275: David Loukidelis on Why Stripping Privacy Enforcement from Canada’s Privacy Commissioner in Bill C-36 is Unnecessarily Risky Policy 
The Data on Australia’s Social Media Ban: The Better the Privacy Protection, The Less Effective the Ban 
Shaky Ground Gets Shakier: What the U.S. Supreme Court’s Location Data Decision Means for Bill C-22
