OPC calls for changes to Bill C-27

While calling it an "improvement" over both the current existing private-sector privacy law and a "step in the right direction", Canada's federal privacy watchdog has called for a number of changes to Bill C-27, or the Digital Charter Implementation Act. Chief among the Office of the Privacy Commissioner's demands for the bill is a call for stronger language recognizing privacy as a "fundamental right." Despite language in the preamble of the bill that is "a positive development that will offer much needed guidance to the courts about the law’s objectives and constitutional basis," Privacy Commissioner Philippe Dufresne wrote in the OPC's submission to the House of Commons Industry committee, "the preamble does not go far enough in recognizing the fundamental right to privacy and could create a challenge for the courts when assessing economic interests and privacy." The bill, tabled in June of 2022, encompasses three proposed acts: the Consumer Privacy Protection Act (CPPA), the Personal Information and Data Protection Tribunal Ac (PIPTA)t, and the Artificial Intelligence and Data Act (AIDA), and is meant to "will enhance Canadian trust in the digital economy of the 21st century,” according to Innovation Minister François-Philippe Champagne. The bill is currently awaiting review by the House of Commons Industry committee. According to the OPC, however, the English-language preamble of the bill is lacking when it refers to the importance of privacy "interests," rather than privacy rights. The OPC is also asking for the expansion of the list of violations for which organizations can be subject to monetary penalties. The CPPA expands that list, the OPC noted, but "violations of many provisions of the CPPA would still not qualify for AMPs, including the appropriate purposes provisions, which are a cornerstone of the legislation." The appropriate purposes provision, the OPC added, "require organizations to only collect, use and disclose personal information in a manner and for purposes that a reasonable person would consider appropriate in the circumstances, regardless of whether there is consent." The law should be rewritten, the OPC argued, so that organizations should be subject to monetary penalties if they violate the provision. Amongst its 15 recommendations, the OPC would also like to see the law require organizations to "explain, on request, all predictions, recommendations, decisions and profiling made using automated decision systems." "The CPPA imposes two new obligations on organizations using automated decision-making (ADM) systems. While the OPC is generally supportive of these new obligations, as drafted, their scope is too limited in areas where there should be increased transparency," the OPC wrote. Under the CPPA as written, organizations would have to provide a general account of the use of ADM that makes predictions, recommendations or decisions that could have a "significant impact" on individuals. The addition of the term 'significant impact' to the explanation requirement is a softening of the requirements included in C-11, the previous government's effort on privacy reform, the OPC wrote, and "it narrows the scope of the requirement and would likely exclude decisions for matters such as online advertising, personalized news feeds and digital environments." "As a result, narrowing this requirement to only those with significant impacts would not be in the interest of achieving algorithmic transparency," the watchdog added. The OPC would also like to see Canadians able to avail of authorized representatives to advance their privacy rights, the expediting of the complaints process under the law, and the expansion of the OPC's ability to collaborate with other domestic organizations. — Reporting by Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Jenna Cocullo at jcocullo@thewirereport.ca.

OPC calls for changes to Bill C-27

News | May 12, 2023

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OPC calls for changes to Bill C-27

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