Question Period Note: DIGITAL CHARTER PRIVACY REFORM

How will the government strengthen privacy protections for consumers and Canadians?

• The pandemic has transformed how Canadians live, work and access information and connect with each other, making digital technology more important than ever.
• The Government of Canada is committed to ensure that Canadians’ personal information is safe and secure and that their privacy is respected in these digital spaces.
• The government intends to bring forward new legislation that will consider stakeholders’ comments on the former Bill C-11 and help advance Canada’s Digital Charter, strengthening privacy protections for consumers and providing a clear set of rules to enhance trust in the leveraging of data by Canadian organizations.

• Embracing digital and data-driven technologies is key to re-invigorating our economy by allowing Canada to create new business opportunities and high-value jobs in emerging sectors.
• At the same time, digital technology presents risks, including to privacy. These risks are real and Canadians' trust in the digital world is crucial to prosperity in our new reality.
• A modernized privacy law is key to ensuring Canadians can trust that their data is safe and their privacy is respected, while allowing innovation that promotes a strong economy.
• The Government received extensive feedback on former Bill C-11, and will return to Parliament soon with a new Bill to implement the Digital Charter, which builds on consensus about the former Bill’s strengths, while making targeted and substantive improvements.

On November 17, 2020, the government tabled Bill C-11, the Digital Charter Implementation Act, 2020. The Bill was received significant attention from Parliamentarians during 2nd Reading stage in the House of Commons, and received all party support to move to Committee study, however agreement could not be reached on the choice of Committee. The Bill died at 2nd Reading stage with the call of the general election in August 2021.

The bill was introduced to replace Part 1 of the existing Personal Information Protection and Electronic Documents Act (PIPEDA), and to introduce a new administrative tribunal as part of a strengthened privacy enforcement regime.

Reintroduction of a privacy reform Bill will advance the Digital Charter, by helping to enhance Canadians' trust and empowering them to reach their full innovative and economic potential. In particular by implementing the Government’s commitment to strengthen the enforcement powers of the Privacy Commissioner of Canada, and to provide individuals with more control over how organizations handle their personal information.

The Government enacted PIPEDA in 2001 – before the advent of technologies such as social media and the Internet of Things. There is now widespread agreement on the need for wide-ranging changes to Canada’s private sector privacy framework, in order to meet Canadians’ privacy expectations, ensure the security of personal information safe, and maintain the law’s alignment with the frameworks of Canada’s close trade partners.

Response to Bill C-11 from the Office of the Privacy Commissioner of Canada (OPC)
On May 11, 2021, the Privacy Commissioner of Canada sent a submission to the House ETHI Committee on Bill C-11. The Privacy Commissioner has indicated in the submission that he believes that significant amendments to the bill are needed, and the submission includes a list of recommended changes. Broadly, these recommendations include: redrafting the law on a human rights basis; introducing more prescriptive standards and requirements for accountability and demonstrating compliance; introducing conditions for cross-border data transfers; increasing discretion for the Commissioner; expanding the scope of AMPs; and not creating the Personal Information and Data Protection Tribunal.

ISED officials are reviewing these recommendations, in addition to the views of other stakeholders, with a view to providing recommendations on proposed changes to former Bill C-11.