Question Period Note: Digital Charter

Through his mandate letter, the Prime Minister has tasked the Minister to work with his colleagues, the Minister of Innovation, Science and Industry and the Minister of Justice and Attorney General of Canada to advance Canada’s Digital Charter and enhanced powers for the Privacy Commissioner, in order to establish a new set of online rights as well as create new regulations for large digital companies to better protect people’s personal data and encourage greater competition in the digital marketplace.

• In this digital world, Canadians must be able to trust that their privacy is protected, that their data will not be misused, and that companies operating in this space communicate in a simple and straightforward manner with their users.
• The Government has committed to advance Canada’s Digital Charter, enhance the Privacy Commissioner’s power and create new regulations for large digital companies to better protect people’s personal data and encourage greater competition in the digital marketplace.
• The Government will ensure that Canadians’ privacy and data are appropriately protected online.

• Companies operating in Canada, including online platforms companies, are subject to Canadian laws such as the Criminal Code and Canada’s marketplace frameworks, which include the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Competition Act.
• PIPEDA, for example, governs the collection, use and disclosure of personal information by organizations engaged in commercial activities. Indeed, the body responsible for overseeing that law, the Office of the Privacy Commissioner of Canada, has investigated many of these companies in recent years.
• On May 21, 2019, the Minister of Innovation, Science and Economic Development launched Canada’s Digital Charter. The Digital Charter outlines 10 principles that are designed to guide the federal government’s work in the area of digital and data transformation. These principles are: 1) Universal Access; 2) Safety and Security; 3) Control and Consent; 4) Transparency, portability, and Interoperability; 5) Open and Modern Digital Government; 6) A Level Playing Field; 7) Data and Digital for Good; 8) Strong Democracy; 9) Free from Hate and Violent Extremism, and; 10) Strong Enforcement and Real Accountability.
• The Digital Charter sets the standard against which the Government will measure the modernization of our privacy laws, competition rules and all government programs.
• Accompanying the launch of the Digital Charter was a discussion paper on proposed changes to PIPEDA that explores increasing control that individuals have over the use of their personal information enabling responsible use of data by businesses, as well as an enhanced enforcement regime which includes increased financial penalties and powers for the Privacy Commissioner.
• Following the 2019 Federal Election, the Prime Minister mandated the Minister of Canadian Heritage to support the Minister of Innovation, Science and Industry in establishing new online rights, through Canada’s Digital Charter.
• These online rights include: data portability; the ability to withdraw, remove and erase basic personal data from a platform; the knowledge of how personal data is being used, including with a national advertising registry and the ability to withdraw consent for the sharing or sale of data; the ability to review and challenge the amount of personal data that a company or government has collected; proactive data security requirements; the ability to be informed when personal data is breached with appropriate compensation; and the ability to be free from online discrimination including bias and harassment.
• Furthermore, the Prime Minister tasked the Minister of Canadian Heritage to support the Minister of Innovation, Science and Industry in create new regulations for large digital companies to better protect people’s personal data and encourage greater competition in the digital marketplace and creating a new Data Commissioner to oversee these regulations.
• The Digital Charter and the proposed reforms to Canada’s privacy framework are part of a whole of government strategy to address online harms which also includes Canadian Heritage’s work on developing rules and regulations for social media platforms to take down illegal content, including hate speech and violent and extremist and/or terrorist content, in 24 hours as well as Global Affairs Canada’s work on the G7 Rapid Response Mechanism and Public Safety’s work on violent and extremist content online through its Canada Centre for Community Engagement and Prevention of Violence and engagements in the Global Internet Forum to Counter Terrorism (GIFCT) and participation in the Five Country Ministerial Meeting.

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