Question Period Note: DIGITAL CHARTER

How is the Government going to ensure fairness for all in the new digital space?

• Canadians’ trust in the digital world has been shaken - but in this new age, Canada’s competitiveness will depend on our ability to use digital innovation to harness the power of data;
• That is why the Federal Government created the Digital Charter and continues to engage Canadians and industry leaders to advance and promote its 10 principles;
• This includes reviewing existing rules to ensure fairness for all in the new digital space; and
• We are building a Canada where citizens have confidence that their data is safe and privacy is respected, while unlocking innovation that builds a strong economy.

SUPPLEMENTARY MESSAGES
If pressed on the PIPEDA reform proposal and financial consequences for online platforms
• Social media platforms play a meaningful role in promoting a healthy and resilient democracy, but they also have a responsibility to manage their communities;
• These companies are already subject to commercial privacy law. However all companies must back up their commitments to protect Canadians’ personal data with consistent and measurable actions. Canadians expect and deserve greater transparency and control over the use of their personal information;
• The Charter envisions that Canadians should have the capacity and tools to know who is using their personal data and for what purposes, with clear penalties when rules are not respected; and
• The Government of Canada is committed to enacting meaningful updates to Canada’s laws, including the Personal Information Protection and Electronic Documents Act.

Starting in June 2018, Innovation Science and Economic Development conducted the Digital and Data Consultations, which focused on privacy and trust in addition to innovation and skills development. Feedback from the consultations, alongside reports by Parliament on studies of private-sector privacy legislation, anti-spam legislation, policy challenges pertaining to connected and automated vehicles, and the breach of personal information involving Facebook Cambridge Analytica, informed the development of a proposed approach to data and digital.

In addition, the Economic Strategy Tables and specifically the Digital Industries Table, outlined the need for legislative reform to provide a strong framework for growing the digital economy, in line with key trading partners such as the European Union. The Tables further recommended that there is a need to specifically address data considerations in order to enable the continued growth of the artificial intelligence industry in Canada. Key data protection policy change such as the enhanced access to data under certain conditions can serve to enhance trust and provide greater opportunity for growth in the artificial intelligence industry.

Reports of the Standing Committee on Access to Information, Privacy and Ethics
On December 11, 2018, the Standing Committee on Access to Information, Privacy and Ethics (ETHI) tabled the final report of its study on the breach of personal information involving Facebook and Cambridge Analytica. The report contains 26 recommendations to which the Committee has requested a Government Response. Departments and agencies implicated by the recommendations include ISED, PCO/Democratic Institutions, Justice Canada, Heritage Canada, Health Canada, and the Communications Security Establishment.

Many of the 26 recommendations call for legislative amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA). ETHI reiterates or expands upon previous recommendations to introduce new individual rights and organizational obligations into PIPEDA, modelled on the European Union’s General Data Protection Regulation (GDPR) and to increase the enforcement powers of the Office of the Privacy Commissioner.

ETHI’s most recent report builds on many of the findings and recommendations in the February 2018 report they tabled which called for extensive reforms to PIPEDA.

PIPEDA Discussion Paper
Most of the elements related to privacy policy outlined in these reports are addressed in the discussion paper that examined a series of reform proposals related to PIPEDA. The discussion paper accompanied the release of the Digital Charter on May 21, 2019. The paper proposes reform along three general themes: Enhancing individuals’ control, Enabling responsible innovation and Enhancing enforcement and oversight.

The Digital Charter
This Digital Charter reflects what feedback received during the above noted consultations and engagement activities. In keeping with the Federal Government’s effort to promote and grow a strong and vibrant digital economy, the Charter also promote and support Canada’s leadership on digital and data innovation The ten principles of the Digital Charter are:
1. Universal Access: All Canadians should have a fair chance to participate in the digital world, and the necessary tools to do so – including access, connectivity, literacy, and skills.
2. Safe and Secure Services: Canadians should be assured of the integrity, authenticity, and security of the services they use.
3. Transparency: Canadians should be able to know what data they are sharing, who is using their personal data and for what purposes.
4. Personal Control: Canadians should be able to control and transfer the data they provide in the marketplace.
5. Strong Democratic Institutions: No interference in, attack, or undermining of Canada’s democratic institutions will be accepted.
6. A Modern Government: Canadians should be able to access modern and digital services from the Government of Canada.
7. A Level Playing Field: Canadian businesses of all sizes should have clear rules that ensure fairness in the market, enable SMEs to scale-up and further affirm Canada’s leadership on digital and data innovation.
8. Data and Digital for Good: Canadians’ data will be used ethically and for good to create value and to improve the lives of people – at home and around the world.
9. Strong Enforcement: There should be clear, meaningful penalties for violations of the laws and regulations put in place to support these principles.
10. Free From Hate and Violent Extremism: Canadians can expect that digital platforms will not foster or disseminate hate speech and violent extremism.

The Digital Charter and the related initiatives are intended to represent a balanced approach that sets out the building blocks for a foundation of trust for this digital age that unlocks Canada’s innovation potential. The Government will continue to engage Canadians and industry leaders moving forward to gather feedback on how we are advancing and promoting this Charter and the related proposals for privacy reform.

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