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

county
County of Paintearth highlights from the Nov. 24th meeting

The County is moving to harmonize several of its policies and bylaws

Alberta premier Jason Kenney declared a public health state of emergency Tuesday and sweeping new measures as COVID-19 cases in the province continue to rise. (photo by Chris Schwarz/Government of Alberta)
Kenney declares state of public health emergency as COVID-19 cases rise

High schools shift to online learning, businesses face new restrictions

Russ and Luanne Carl are sharing about their experiences of fighting COVID-19 this past summer. (Photo submitted)
Stettler couple opens up about COVID-19 battle

Luanne and Russ Carl urge others to bolster personal safety measures amidst ongoing pandemic

A long-time Castor Resident is on the move. Luella Kowalsky, who has lived in the Town of Castor since 1977, is moving to an assisted living facility in Innisfail to be closer to family. Kevin J. Sabo photo
Long-time Castory resident Luella Kowalsky is leaving the community

Kowalsky will be closer to two of her kids, who live in the Sundre area

Alberta’s chief medical officer of health, Dr. Deena Hinshaw, announced the province surpasses one million COVID-19 tests Friday. (Photo by Chris Schwarz/Government of Alberta)
COVID-19: Central zone active cases up by 100 in last 24 hours

Most central Alberta communities under province’s enhanced measures list

Kyle Charles poses for a photo in Edmonton on Friday, Nov. 20, 2020. Marvel Entertainment, the biggest comic book publisher in the world, hired the 34-year-old First Nations illustrator as one of the artists involved in Marvel Voice: Indigenous Voices #1 in August. THE CANADIAN PRESS/Jason Franson
VIDEO: Indigenous illustrator of new Marvel comic hopes Aboriginal women feel inspired

Kyle Charles says Indigenous women around the world have reached out

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Canada’s inability to manufacture vaccines in-house will delay distribution: Trudeau

First doses of COVID-19 vaccine expected in first few months of 2021, prime minister says

This undated photo issued by the University of Oxford shows of vial of coronavirus vaccine developed by AstraZeneca and Oxford University, in Oxford, England. Pharmaceutical company AstraZeneca said Monday Nov. 23, 2020, that late-stage trials showed its coronavirus vaccine was up to 90% effective, giving public health officials hope they may soon have access to a vaccine that is cheaper and easier to distribute than some of its rivals. (University of Oxford/John Cairns via AP)
VIDEO: How do the leading COVID vaccines differ? And what does that mean for Canada?

All three of the drug companies are incorporating novel techniques in developing their vaccines

Ilaria Rubino is shown in this undated handout image at University of Alberta. Alberta researcher Rubino has developed technology allowing mostly salt to kill pathogens in COVID-19 droplets as they land on a mask. THE CANADIAN PRESS/HO-University of Alberta
Alberta researcher gets award for COVID-19 mask innovation

The salt-coated mask is expected to be available commercially next year after regulatory approval.

Russ and Luanne Carl are sharing about their experiences of fighting COVID-19 this past summer. (Photo submitted)
Stettler couple opens up about COVID-19 battle

Luanne and Russ Carl urge others to bolster personal safety measures amidst ongoing pandemic

This 2019 photo provided by The ALS Association shows Pat Quinn. Quinn, a co-founder of the viral ice bucket challenge, died Sunday, Nov. 22, 2020, at the age of 37. (Scott Kauffman/The ALS Association via AP)
Co-founder of viral ALS Ice Bucket Challenge dies at 37

Pat Quinn was diagnosed with Lou Gehrig’s disease, also known as amyotrophic lateral sclerosis, in 2013

Minister of Justice and Attorney General of Canada David Lametti speaks with the media following party caucus in Ottawa, Tuesday, January 28, 2020. THE CANADIAN PRESS/Adrian Wyld
Exclusion of mental health as grounds for assisted death is likely temporary: Lametti

Senators also suggested the exclusion renders the bill unconstitutional

Claudio Mastronardi, Toronto branch manager at Carmichael Engineering, is photographed at the company’s offices in Mississauga, Ont., Thursday, Nov. 19, 2020. As indoor air quality becomes a major concern in places of business, HVAC companies are struggling to keep up with demand for high quality filtration systems. THE CANADIAN PRESS/Chris Young
Business is booming for HVAC companies as commercial buildings see pandemic upgrades

‘The demand right now is very high. People are putting their health and safety ahead of cost’

Prime Minister Justin Trudeau speak to the media about the COVID-19 virus outside Rideau Cottage in Ottawa, Friday, Nov. 20, 2020. THE CANADIAN PRESS/Adrian Wyld
Long-awaited federal rent subsidy program for businesses hurt by COVID-19 opens today

The new program will cover up to 65 per cent of rent or commercial mortgage interest

Most Read