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

Just Posted

Fruit farmers in the Okanagan and Creston valleys are in desperate need of cherry harvesters amid COVID-19 work shortages. (Photo: Unsplash/Abigail Miller)
‘Desperate’ need for workers at Okanagan cherry farms

Fruit farmers are worried they’ll have to abandon crops due to COVID-19 work shortages

A tent housing a mobile vaccination clinic. (Interior Health/Contributed)
Over 5K jabbed at Interior Health mobile COVID-19 vaccine clinics

The clinics have made stops in more than 40 communities since launching last week

Provincial Health Officer Dr. Bonnie Henry talks about B.C.’s plan to restart the province during a press conference at Legislature in Victoria, Tuesday, May 25, 2021. THE CANADIAN PRESS/Chad Hipolito
Interior Health COVID-19 cases falling slower than the rest of B.C.

More than a third of provincial cases announced Thursday came from the Interior

The Greater Vernon Chamber of Commerce will host the Valley Wide Business Expo May 4 at Predator Ridge Resort. (photo submitted)
Golf raffle helps Okanagan families score homes

Habitat for Humanity Okanagan swinging into action this summer with a new raffle

The weekly COVID-19 map for June 6 to 12. (BC CDC)
South Okanagan sees only 5 new cases in last week

The Similkameen Valley went a second week without any new cases

A small pod of Pacific white-sided dolphins pass by close to shore in Campbell River June 16, 2021. Still capture from video courtesy of Kimberly Hart
VIDEO: Dolphin sunset captured from Vancouver Island shore

Spectacular setting for view of travelling pod of Pacific white-sided dolphins

Earls On Top at 211 Bernard Avenue in Kelowna. (Google Maps photo)
Downtown Kelowna’s Earls ordered closed after COVID-19 transmission

Earls on Top on Bernard Avenue will be closed from June 18 to June 27

A motorycle crash has been reported on Westside Road. (Google Maps)
UPDATE: Westside Road reopened following motorcycle crash near Vernon

AIM Roads advises drivers to expect delays due to congestion

(File photo)
Penticton not holding Canada Day activities out of respect for Indigenous people

Cities across B.C. are cancelling the holiday after an increased spotlight on Canada’s dark history

Dereck Donald Sears. (Contributed/Crimestoppers)
Murder charge laid in relation to suspicious Kelowna death

Dereck Donald Sears is charged with second-degree murder in the death of Darren Middleton

Police are asking for public assistance in locating Anthony Graham who has been charged with the murders of Kamloops brothers Carlo and Erick Fryer. (RCMP photo)
2 charged, suspect at large in killings of B.C. brothers linked to gang activity: RCMP

Kamloops brothers Erick and Carlo Fryer were found deceased in May on a remote Okanagan road

Albert Health Minister Tyler Shandro and Alberta Premier Jason Kenney unveil an opening sign after speaking about the Open for Summer Plan and next steps in the COVID-19 vaccine rollout, in Edmonton, Friday, June 18, 2021. THE CANADIAN PRESS/Jason Franson
Alberta 1st province in Canada to lift all COVID-19 public health restrictions

70.2% of eligible citizens 12 and older in the province have received a dose of the vaccine

Fraser Health registered nurse Ramn Manan draws a dose of the Pfizer COVID-19 vaccine into a syringe at a walk-up vaccination clinic at Bear Creek Park, in Surrey, B.C., on Monday, May 17, 2021. THE CANADIAN PRESS/Darryl Dyck
‘Honour our fathers’ with COVID-19 vaccine protection, B.C. urges

109 new cases Friday, 75 per cent of 12 and up immunized

Most Read