Innovation, Science and Industry Minister Navdeep Bains during a news conference Tuesday, Nov. 17, 2020 in Ottawa. Federal privacy legislation introduced today would require companies to get consent from customers through plain language, not a lengthy legal document, before using their personal data. THE CANADIAN PRESS/Adrian Wyld

Innovation, Science and Industry Minister Navdeep Bains during a news conference Tuesday, Nov. 17, 2020 in Ottawa. Federal privacy legislation introduced today would require companies to get consent from customers through plain language, not a lengthy legal document, before using their personal data. THE CANADIAN PRESS/Adrian Wyld

New privacy bill promises greater control for consumers, stiff fines for companies

Legislation would provide for administrative monetary penalties of up to three per cent of global revenue

The Trudeau government is proposing new privacy measures to give people more control over their information in the digital age, with potentially stiff fines for companies that flout the rules.

The legislation tabled in the House of Commons on Tuesday is designed to flesh out the 10 principles of the federal digital charter and bring Canada’s much-maligned privacy regime for businesses into the modern era.

Advocacy groups and business organizations generally applauded the bill, but there were concerns about how comprehensive the practical effects will be.

Under the legislation, companies would have to obtain consent from customers through plain language, not a long legal document, before using their personal data.

The government says the bill, the Digital Charter Implementation Act, would also give consumers the ability to more easily transfer their data from one business to another. For example, people could direct their bank to share their personal information with another financial institution.

The bill would arm the federal privacy commissioner with order-making powers, including the ability to demand that a company stop collecting data or using personal information.

In addition, the commissioner would be able to recommend that the planned Personal Information and Data Protection Tribunal impose a fine.

The legislation would provide for administrative monetary penalties of up to three per cent of global revenue or $10 million, whichever is higher, for non-compliant organizations.

It also contains harsher penalties for certain serious infractions, including a maximum fine of five per cent of global revenue, or $25 million, bringing Canada into line with Europe.

“The fines are there to provide accountability,” said Innovation Minister Navdeep Bains.

“If we want Canadians to feel confident online … they need to make sure that their privacy is protected, and that they have greater control over their data.”

The government says the law would also ensure Canadians could demand their information on social-media platforms, such as Facebook or Twitter, be permanently deleted.

To reinforce this, the privacy commissioner would have the ability to order a social-media company to comply.

The legislation would also give the privacy commissioner powers to audit organizations, an enforcement tool that Daniel Therrien, the current commissioner, has repeatedly advocated.

The bill is a “big win for privacy in Canada,” said Laura Tribe, executive director of OpenMedia, which has long pushed for stronger laws.

“For years, people have been calling on the government to increase protections for our digital privacy, to no avail,” she said.

“As a result, protecting the data and privacy of Canadians has been an afterthought for many companies, knowing that there were no meaningful penalties or consequences for bad behaviour.”

The group noted the legislation says consent is not required when an organization lacks a direct relationship with a person, which could water down the protections.

The bill is a step in the right direction, said Jim Balsillie, founder of the Centre for Digital Rights. “However, what seems to be missing is a clear recognition of privacy as a fundamental human right.”

Goldy Hyder, president of the Business Council of Canada, said the legislative proposals set out clear rules to protect consumers, promote innovation and strengthen Canadians’ confidence in the emerging digital economy.

The Canadian Internet Registration Authority, which manages .ca domains, welcomed the bill by saying trust is critical to the digital economy and central to a well-functioning internet. “Canadians must be able to trust that their personal data will be protected and not abused.”

The legislation would also:

— Require businesses to to be transparent about how they use automated decision-making systems like algorithms and artificial intelligence to make significant predictions, recommendations or decisions about people;

— Clarify that depersonalized information, for instance through removal of a name, must be protected and that it can be used without a person’s consent only under certain circumstances;

— Allow businesses to disclose de-identified data to public organizations in some cases for socially beneficial purposes, such as health or environmental initiatives.

Jim Bronskill, The Canadian Press


Like us on Facebook and follow us on Twitter.

Want to support local journalism during the pandemic? Make a donation here.

privacy

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

Kwalikum Secondary School. (SD69 photo)
Schools superintendent says protocols don’t change after COVID-19 exposure at Qualicum Beach high school

Elder: ‘We were assured by the Health Authority that the school is safe’

Tigh-Na-Mara Seaside Spa Resort general manager Paul Drummond, right, and SOS executive director Susanna Newton with some of the gifts left during the resort’s annual Toy Drive. (Peter McCully photo)
Tigh-Na-Mara Toy Drive in Parksville a rousing success

More than 1,200 toys, 16 bikes and $13K in cash/gift cards donated

Nurse Doreen Littlejohn takes a longterm approach in her outreach work with homelessness in Parksville Qualicum Beach, but says more needs to be done now. (Auren Ruvinsky photo)
‘Women face a much different experience on the street’: Parksville Qualicum Beach nurse

Littlejohn says community needs to be part of solution to homelessness

Parksville’s French Creek Harbour experienced a diesel spill on Nov. 23 after a barge and fishing vessel collided. (Mandy Moraes photo)
Coast Guard cleans up diesel spill in Parksville’s French Creek Harbour

Barge carrying fuel truck collides with fishing vessel

Qualicum Beach Memorial Golf Course. (File photo)
Qualicum Beach golf course notified restaurant patron tests positive for COVID-19

Staff to self-monitor until Nov. 28, can continue with daily duties

Provincial health officer Dr. Bonnie Henry updates B.C.’s COVID-19 situation at the B.C. legislature, Nov. 23, 2020. (B.C. government)
B.C. daily COVID-19 cases hits record 941 on Tuesday

Further restrictions on indoor exercise take effect

Krista Macinnis displays the homework assignment that her Grade 6 daughter received on Tuesday. (Submitted photo)
B.C. mom angry that students asked to list positive stories about residential schools

Daughter’s Grade 6 class asked to write down 5 positive stories or facts

B.C. projects targeting the restoration of sockeye salmon stocks in the Fraser and Columbia Watersheds will share in $10.9 million of federal funding to protect species at risk. (Kenny Regan photo)
13 projects protecting B.C. aquatic species at risk receive $11 million in federal funding

Salmon and marine mammals expected to benefit from ecosystem-based approach

Picture of two swans leaving the Cowichan estuary moments before one was shot out of the sky. (Submitted photo)
Petition to stop hunting in Cowichan estuary after swan shot

Hunters blame shooting on illegal poachers

Bob Higgins pulls the gate across on the elevator built inside his home. (Photo by Don Bodger)
Island man’s expertise earns international award with home-built elevator

Experience put to use in winning contest entry for furniture and home projects

Barrels pictured outside Oliver winery, Quinta Ferreira, in May. (Phil McLachlan - Black Press Media)
B.C. Master of Wine reflects on industry’s teetering economic state

Pandemic, for some wine makers, has been a blessing in disguise. For others, not so much.

A fentanyl test strip is used at Vancouver Coastal Health in Vancouver, Tuesday, January, 21, 2020. The test strips will be made available to drug users to ensure that their drugs are safe and free of Fentanyl. THE CANADIAN PRESS/Jonathan Hayward
Drug overdoses lead to 5 deaths each day in October; drug toxicity continues to increase

COVID-19 crisis continues to exacerbate the overdose crisis

An employee of the Adventure Hotel was taken to hospital on Nov. 20 after she confronted a customer of Empire Coffee about not wearing a mask. File photo.
Nelson hotel employee suffers heart attack after being assaulted in anti-mask incident

An accountant at the Adventure Hotel is in hospital in Kelowna

Damien Smith, with father Thomas Smith, is “frozen” with joy as he watches a special message Deadpool star Ryan Reynolds recorded for Damien’s 9th birthday on Tuesday, Nov. 24, 2020. (Contributed)
Shuswap boy celebrates 9th birthday with family, community and Ryan Reynolds

People from around the world send birthday cards showing young Canoe resident he’s not alone

Most Read