Privacy bill may offer tougher fines, provide public more data control
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 be permanently deleted.
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.