Privacy Commissioner Wants More Power Over Personal Data Infractions With New Digital Charter

Privacy Commissioner says his office must be granted more power to issue penalties in cases concerning digital privacy infractions.

Privacy Commissioner of Canada Philippe Dufresne waits to appear before the House of Commons Standing Committee on Access to Information, Privacy and Ethics, in Ottawa on Aug. 8, 2022. Adrian Wyld/The Canadian Press

Privacy Commissioner Philippe Dufresne told a House of Commons committee that his office must be given more power to penalize digital privacy infractions, including financial penalties.

The Standing Committee on Industry and Technology (INDU) is currently studying Bill C-27, the Digital Charter Implementation Act.

Mr. Dufresne told the committee on Sept. 28 that his office has long been asking for the “modernization” of both the Personal Information Protection and Electronic Documents Act (PIPEDA) and the Privacy Act.

“We also recommend that an organization’s purposes for collecting, using or disclosing information, be specific and explicit and that penalties be available in cases where the personal information of Canadians is collected, used or disclosed for inappropriate purposes,” he said.

Mr. Dufresne provided 15 recommendations predicated on privacy being a fundamental right, fostering trust in public interest and innovation, and confidence in institutions’ participation as digital citizens.

Industry Minister François-Philippe Champagne announced on Sept. 26 that he would heed criticism of C-27 pertaining to inadequate privacy protection.

Mr. Champagne promised amendments to Bill C-27 at a previous INDU hearing but did not present them. That prompted Conservative MP Brad Vis to table a motion that would force Mr. Champagne to present the clerk of the committee with all relevant documents pertaining to amendments within five business days of Sept. 26.

Conservative MP and industry critic Rick Perkins followed up Mr. Vis’s motion with a sub-amendment stipulating the committee will pause its study of the bill until Mr. Champagne has presented his amendments.

Canada is believed to be one of the first countries in the world to establish a digital charter, intended to empower the citizenry with more power over their data and protection of privacy.

The government also said it would forbid using AI for “reckless and malicious” reasons, creating oversight and administering financial penalties for any infractions.

INDU is studying Bill C-27 with the help of Canada’s Advisory Council on Artificial Intelligence, academics, AI research institutes, industry representatives, and civil society.

The emergence of AI has sparked consternation in various quarters, especially the tech industry, which has called for adequate regulations to avert any harmful outcomes.