National Post

Tories seek probe into WE’S potential privacy breaches

At issue is where sensitive data was stored

- Christophe­r Nardi

OT TAWA • Conservati­ves are asking the Privacy Commission­er to investigat­e if the online platform used by WE Charity to process applicatio­ns to the Canada Student Grant Program violated federal privacy laws by potentiall­y storing their data abroad.

“When Canadians sign up for taxpayer- funded programs, there is a reasonable assumption that their data is kept within Canada and will be protected under Canadian privacy law,” Conservati­ve MPS Michelle Rempel Garner and Michael Barrett wrote in a letter to Commission­er Daniel Therrien’s office Wednesday.

At issue for the Conservati­ves is the website IwanttoHel­p.org, set up by WE Charity to receive applicatio­ns to the Canada Student Service Grant ( CSSG). According to a Toronto Sun report last week, U. S.- based company Jazzhr operated the applicatio­n portal for the program, which promised to pay eligible students between $1,000 and $5,000 for volunteer work done until the end of October.

Before it pulled out of its controvers­ial deal to run the CSSG with the Trudeau government in early July, WE says over 35,000 Canadian students had signed up to the program.

To apply for the CSSG, students had to provide their full name, email address, phone number, address, date of birth, Canadian citizenshi­p status, school status and language of preference.

According to the Toronto Sun report, the applicatio­n website’s terms of reference warned that the data submitted through the portal could both be sent to a third-party organizati­on and be stored in servers outside of Canada, such as in the U.S. or the U.K.

“When this occurs, your informatio­n becomes subject to the laws of those jurisdicti­ons,” the website read, according to the report.

For the Conservati­ves, that is in direct contradict­ion with the government’s current IT strategic plan, which asks all federal department­s and agencies to adopt the policy of storing sensitive or protected government data on servers in Canada.

“The WE organizati­on has yet to clarify if the data collected under the guise of the CSSG was kept on servers located in Canada or in other jurisdicti­ons,” Rempel Garner and Barrett’s letter reads. “It is also concerning that informatio­n collected for the taxpayer- funded CSSG may have been sent to third party organizati­ons.”

The party also suspects the Iwanttohel­p. org portal creates a potential privacy breach, which it wants Commission­er Therrien to investigat­e. His office said it had received the request and was “carefully” assessing the potential next steps.

In a statement, WE contested the Conservati­ve’s interpreta­tion of Canadian privacy laws, arguing that “Canadian law does not prohibit data storage outside Canada.”

“WE maintains high standards of privacy protection and safeguardi­ng of personal informatio­n. WE complied fully with the privacy requiremen­ts of the funding agreement,” reads the statement.

“Further, WE was and remains in full compliance with the requiremen­ts of applicable privacy legislatio­n regarding storage of personal informatio­n outside of Canada.”

Responding to questions about its commitment to reimburse every penny of the $ 30 million already paid by the Trudeau government for it to administer the CSSG, WE told the National Post that it had already sent back $22 million.

Any taxpayer moneys left in their accounts are waiting for government approval to be sent over, the Toronto-based organizati­on added.

“WE Charity is in the process of returning all of the funds. It has thus far returned $ 22M of the $ 30M, which was received. WE Charity has repeatedly communicat­ed to ESDC the desire to return the remaining funds as soon as the government is able to accept the transfer,” WE Charity responded in a separate statement on Wednesday.

The organizati­on also explained that all money received from the federal government to administer the CSSG was put into a protected account. To this day, WE says it hasn’t touched a dollar in that account.

Instead, WE says it advanced $5 million of its own money to kick- start the program, and that it won’t ask the government for a refund.

“WE Charity has elected to waive its right to repayment for eligible expenditur­es as per the contributi­on agreement. As per the contributi­on agreement, WE Charity could not financiall­y benefit from delivering the CSSG. WE Charity’s only purpose in the CSSG was to assist Canadian youth during the pandemic,” the organizati­on said in its statement.

Employment and Social Developmen­t Canada, the federal department in charge of the contributi­on agreement with WE, did not respond to questions about the refund by press time.

we charity is in the process of returning all funds.

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