Privacy Commissioner

Canada’s Privacy Commissioner said the committee responsible for Bill C-11 could consider an amendment to the Broadcasting Act that will see personal privacy protected.

The change will allow privacy to be considered fully before the bill is implemented, Philippe Dufresne told the Senate Committee on Transport and Communications.

Bill C-11, also known as the Online Streaming Act, focuses on having the Canadian Radio-television and Telecommunications Commission (CRTC) regulate online audio-visual content. While the CRTC regulates radio and television, the same doesn’t apply to streaming platforms that share content in Canada, including Netflix and YouTube. Once approved, these platforms will need to promote Canadian content.

The bill has faced intense pushback from many. One area of contention is how the bill would impact user-generated content and subject many independent creators to the CRTC’s directives.

While Heritage Minister Pablo Rodriguez stated the bill won’t impact user-generated content, that has not cleared up any confusion on the matter.

The bill states the CRTC will consider three areas when regulating content. The first is if the content, directly or indirectly, generates revenue. The second is if parts of the program have been broadcasted through traditional means, such as radio or TV. The third is if the content is given a unique identifier under any international standards system.

CRTC chair Ian Scott also previously stated that its regulation of user-generated content is within the scope of the legislation.

When asked about privacy consequences under user-generated content, Dufresne said it’s possible the algorithms will use personal information. “It’s going to be important in how the CRTC exercises these powers that these privacy considerations be taken before these orders are made.”

Image credit: Senate of Canada/ Screenshot

Privacy Commissioner Daniel Therrien is calling on the federal government to do more to protect the rights of Canadians.

In his final annual report as commissioner, Therrien takes aim at the government’s inability to stay in line with continuing privacy concerns raised throughout the years.

One such concern was the commission’s role in a Facebook court case. The commissioner brought this case forward in February 2020 after an investigation found the social media giant had numerous shortcomings in how it used personal information and protected users’ privacy. The court proceedings are ongoing, but the commissioner notes this is one example of a threat to privacy and human rights.

He was hopeful some change would come about when parliament introduced Bill C-11 in November 2020. Named the Digital Charter Implementation Act, it was aimed at bringing Canada’s privacy laws into the 21st century by overhauling the federal private sector privacy law.

But the bill only received a few hours of debate and died on paper when the election was called in August. Therrien noted this as a concern — “it was a step back,” he said in the report. His office was one of the parties that had been calling for a bill like this to be introduced for years.

While the bill was presented as something that would Canadians control over the data collected, the commission still had some concerns about it. “The bill would have given consumers less control and organizations more flexibility in monetizing personal data, without increasing their accountability,” the report said. The commission argues that the new bill would favour commercial objectives over privacy protections, and argued it should be the other way around.

Privacy-protective measures that can be found in the privacy laws of some provinces and countries similar to the Canadian economy were also missing. The commission created a submission with 60 recommendations to improve privacy measures. They never got the chance to bring these up for consideration.

Canada has two privacy laws. The Privacy Act focuses on the public sector and the Personal Information Protection and Electronic Documents Act focuses on the private sector. The report states neither of these laws are suitable for protecting privacy in the digital world.

“I am hopeful the government will seriously consider needed improvements to Bill C-11 so that we can see an updated private sector privacy law that more effectively achieves responsible innovation and the protection of rights.”

The office also assisted with Health Canada’s COVID Alert app. In the last report, Therrien said law reforms were needed to protect privacy during the pandemic. When the federal government first consulted Therrien’s office about the app, concerns were raised it didn’t meet key privacy principles outlined in the framework the office created focusing on data collection during the pandemic. The office brought up recommendations that were ultimately implemented.

The office is currently participating in Health Canada’s evaluation of the app for necessity, effectiveness, and other factors.

Image credit: Office of the Privacy Commissioner of Canada