Question Period Note: Modernization of the Privacy Act

How is the Government of Canada advancing with the modernization of the Privacy Act?

• The Treasury Board of Canada Secretariat has launched a review to modernize the Privacy Act, which hasn’t been substantially updated since 1983.
• The review aims to ensure that the Act is responsive to Canadians’ expectations and meets the needs of a digital age.
• Specifically, the review is an opportunity to enable better services for Canadians, strengthen privacy protections for the digital age, and update the foundation and oversight of the federal government privacy regime.
• Engagement with the public, Indigenous partners and stakeholder groups, including the Privacy Commissioner, will take place until Summer 2026 to obtain feedback.
• Our intent is to publish proposed recommendations for modernizing the Privacy Act, along with a collection of feedback received, by Winter 2026-27.

The Privacy Act, in force since 1983, sets rules for how federal institutions collect, use, disclose, retain, and dispose of personal information. It gives individuals the right to access and correct their own information. The Act applies only to federal institutions; the private sector is subject to different legislation.

The President of the Treasury Board is the designated Minister for the administration of the Privacy Act across more than 250 federal institutions.

The Act has not been significantly updated since 1983 and predates modern digital government. As a result, it no longer reflects contemporary technologies, service-delivery models, or public expectations regarding privacy.

Over time, Privacy Act Extension Orders have broadened who has a right of access to personal information under the Act, to inmates in 1983, to all individuals present in Canada in 1989, and to all individuals (including foreign nationals abroad) in 2021.

There have been repeated calls from the Standing Committee on Access to Information, Privacy and Ethics (ETHI) and the Privacy Commissioner for the modernization of the Privacy Act.

ETHI has issued several reports focused specifically on modernization, including
· 1987, Open and Shut: Enhancing the Right to Know and the Right to Privacy
· 2009, Report on the Review of the Privacy Act: First Steps Towards Renewal
· 2016, Protecting the Privacy of Canadians: Review of the Privacy Act

Following ETHI’s 2016 report, Justice Canada led consultations with federal institutions, experts, Indigenous partners, and Canadians, publishing discussion papers and reports, the most recent released in 2022.

ETHI has also made related recommendations in broader studies addressing federal collection and use of data and emerging technologies, including
· 2022, Collection and use of mobility data by the Government of Canada and related issues
· 2022, Facial recognition technology and the growing power of artificial intelligence
· 2022, Device investigative tools used by the Royal Canadian Mounted Police and related issues
· 2024, re-tabled in 2025, Federal government’s use of technological tools capable of extracting personal data from mobile devices and computers

In its responses to ETHI’s report, the Government acknowledged the need for reform. On April 2nd, 2026, the President of the Treasury Board launched public consultations on a policy proposal on how the Act could be modernized. The policy approaches target challenges related to the administration of the Act and aim to enable better services for Canadians, strengthen privacy protections for the digital age, and update the foundation and oversight of the federal government privacy regime.

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