While much of the attention on the Trans Pacific Partnership has focused on the intellectual property chapter, the e-commerce chapter raises potentially significant privacy implications. The details of the e-commerce chapter remain unknown – the chapter has not been leaked as the latest Singapore meeting wrapped up without a deal – but the leaked country-by-country position paper suggests that the participants are fairly close to consensus on at least two privacy related provisions.
Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh
Privacy
Senate Heading Toward Investigation Into Bell’s Privacy Practices
Conservative Senator Leo Housakos this week raised the possibility of a hearing into Bell’s privacy practices in light of recent disclosures involving collection and use of data for targeted advertising purposes. Housakos gave notice of a motion for a hearing by the Standing Senate Committee on Transport and Communications involving […]
Why Peter MacKay Is Wrong About Warrantless Access to Personal Information
The debate on Bill C-13 opened yesterday in the House of Commons with opposition MPs calling on the government to split the bill into two (cyberbullying and lawful access) and raising concerns about the voluntary disclosure provision that would give Internet providers complete criminal and civil immunity for voluntary retention and disclosure of subscriber information. When asked about the issue, Justice Minister Peter MacKay said the following:
The provision would clarify that the police officer can lawfully ask – and he points out – that individuals and groups voluntarily preserve data or provide documentation, but only when no prohibition exists against doing so. That is to suggest that organizations would still be bound by the Personal Information Protection and Electronic Documents Act, something known as PIPEDA, which makes it clear that an organization is entitled to voluntarily disclose personal information to the police, without the consent of the person to have the information relayed.
However police have to have lawful authority to do so. They still have to obtain a warrant. They can ask that the information be preserved and temporarily put on hold so that it cannot be deleted, but in order for police to access that information that is frozen, they must still obtain a warrant. There is no warrantless access.
Unfortunately, MacKay is wrong.
NDP Calls on Government To Split C-13 While Stoddart Surprisingly Supports Approach
The New Democrats have called on the government to split Bill C-13, arguing that the cyberbullying provisions should be examined separately from the return of lawful access provisions. Somewhat surprisingly, outgoing Privacy Commissioner Jennifer Stoddart has expressed support for the government’s decision to include lawful access powers in the bill.
Government Names Bernier Interim Privacy Commissioner
The federal government has announced that Chantal Bernier will take over as Interim Privacy Commissioner next week with the end of Jennifer Stoddart’s term. The government is currently advertising the position.
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