Trudeau’s government is ready to introduce new privacy legislation



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OTTAWA – The Trudeau government is ready to introduce legislation to better safeguard the privacy of Canadians in the digital age.

The bill, to be presented already this week, would represent a step towards the realization of the commitments established in the letter of mandate from the Minister of Innovation Navdeep Bains.

Furthermore, it would enrich the 10 principles – from data control to significant penalties for information misuse – that make up the federal digital map.

The plan for a legislative overhaul follows Federal Privacy Commissioner Daniel Therrien’s repeated calls to modernize Canada’s old privacy laws.

Liberals signaled their intention on the parliamentary warning document to introduce a bill that would create the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act.

It is not immediately clear how the new legislation would integrate with existing federal privacy laws.

The privacy law covers government agencies and federally regulated industries such as banks and airlines. The Law on Protection of Personal Information and Electronic Documents applies to private sector organizations.

Therrien says Canada’s information protection laws lag behind many others around the world.

He asked a new authority to issue binding orders to companies and impose fines for failing to comply with privacy laws. Therrien also wants powers to inspect organizations’ information management practices.

John Power, a spokesman for Bains, said last month that Canadians are understandably anxious about how their data is being used in an increasingly digital world, adding that the government is moving to enforce private sector privacy law.

“Our government will ensure the privacy of Canadians, support responsible innovation, and strengthen reasonable enforcement powers,” he said.

“We expect to have more to say about this soon.”

Prime Minister Justin Trudeau asked Bains to work with other ministers to advance the Digital Charter and strengthen the powers of the Privacy Commissioner with the overall goal of establishing a new set of online rights.

They must include:

  • the ability to withdraw, remove and delete basic personal data from a platform, such as Facebook or Twitter;

  • knowledge of how personal data is used, including through a national advertising register;

  • the ability to review and challenge the amount of personal data collected by a business or government;

  • a means of informing individuals in the event of a personal data breach, with adequate compensation;

  • and the ability to be free from online discrimination, including prejudice and harassment.

Rachel Rappaport, spokesperson for Justice Minister David Lametti, said last month that the government has pledged to revise the Privacy Act to ensure it keeps pace with the effects of technological change and the evolution of Canadian values.

The government has already solicited the views of experts and stakeholders and plans to consult the wider public soon, he said.

This report by The Canadian Press was first published on November 16, 2020.

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