New privacy protections proposed
OTTAWA (CP) — The federal Liberals introduced privacy legislation on Thursday to give Canadians more control over how their personal data is used by commercial entities, impose fines for non-compliant organizations and introduce new rules for the use of artificial intelligence.
It’s the first major update in this policy area since before the advent of Facebook, Twitter or even Pinterest, a platform that Innovation Minister Francois-Philippe Champagne mentioned more than once at an afternoon news conference.
The proposed law, Bill C-27, is a muchanticipated step toward Champagne’s mandate to advance the digital charter, a series of principles intended to strengthen consumer privacy protections and guide the development of the digital economy.
He told reporters it is “one of the most stringent frameworks you would find among G7 nations,” with Justice Minister David Lametti adding: “We’re racing to the top.”
The Digital Charter Implementation Act, 2022, shares its name and the bulk of its provisions with a bill the Liberals introduced in late 2020, which did not become law.
The updated bill’s preamble spells out that the protection of privacy interests is “essential to individual autonomy and dignity and to the full enjoyment of fundamental rights and freedoms,” and states an intention to align Canadian regulations with international standards.
It would create a Consumer Privacy Protection Act to increase Canadians’ control over their personal information and how it is handled by digital platforms.
That includes a requirement that companies obtain consent of the individual whose information they are seeking, using plain language.
Individuals would need to be able to have their data safely transferred from one organization to another, or to have their data deleted if they withdraw their consent.
The personal information of minors is defined as “sensitive information,” and its deletion at their request or that of their parents would be subject to fewer exceptions.
A federal privacy commissioner would be able to investigate complaints, order companies to comply and recommend fines.
A tribunal would review the recommendations and impose penalties. The severest penalty would see non-compliant companies paying five per cent of their global revenue or $25 million, whichever amount is greater.
The bill would create rules around the responsible development of artificial intelligence systems and criminal penalties for those who misuse emergent technologies.