Like Navdeep Bains before him, Innovation Minister François-Philippe Champagne says that refreshing Canada’s obsolete privacy framework is a “top priority” for the Liberal government. And it’s about time. Canada’s current set of data privacy laws — the Personal Information Protection and Electronic Documents Act (PIPEDA) — originally passed more than two decades ago. That’s back when Windows 98 was still state of the art technology, and using the internet while speaking on the phone was the stuff of sci-fi movies. Four whole years before Mark Zuckerberg launched Facebook, and seven years before Steve Jobs unveiled the first iPhone. You get the point.
Last week, Champagne spoke of his plans to introduce a revised version of Bill C-11 early in the new year — foreshadowing a political showdown that’s likely to test whether the government and opposition parties are willing to work together, listen to one another, and compromise on issues beyond pandemic support measures and banning conversion therapy.
Canada’s Digital Charter
Bill C-11 was one of several attempts to modernize Canada’s consumer privacy law and create a “digital charter”. Originally tabled back in November 2020, following years of consultation between the federal government, provinces, and industry stakeholders, the bill sought to address major gaps that have emerged within the current framework with regard to user consent, online security, and data privacy. Essentially, the bill promised to create more transparency around consumer data collection and require companies to provide clearer wording in their consent agreements.
C-11 ultimately languished on the legislative agenda. One reason why it wasn’t on the top of the government’s to-do list ahead of the September election? The bill received considerable criticism from both opposition parties and privacy experts, who said the legislation did not go as far as it needed to.
One of the most vocal critics of C-11 was Canada’s Privacy Commissioner Daniel Therrien. Back in May, Therrien went so far as to call Bill C-11 a “step back overall” from the current framework and urged the Liberals to make significant changes to the proposed legislation in order to restore public trust in the digital economy. Just days after Champagne shared his intention to table a revamped Bill C-11, Therrien released an annual report in which he again urged the government to enable “responsible innovation” based on a “rights-based framework”.
Therrien also penned letters to the Prime Minister, federal party leaders, and cabinet members this week calling for greater consensus on the issue and, once again, arguing that Canada needs legislation that puts consumer rights above ”big tech” and “major multinationals”. While Therrien argues that self-regulation by companies won’t meaningfully address privacy concerns, others suggest that over-regulation could have negative consequences on an innovation ecosystem that’s having a difficult time attracting investment and talent compared to our American neighbours.
How different will “C-11 2.0” be from its predecessor – and should it be different? Since the federal government has yet to adopt its own rules, provinces have begun to step in and fill the gap, risking a patchwork approach to privacy that will be challenging for companies to follow. If the Liberals have their sights on seeing the digital charter become law, they’ll likely have to take these new initiatives into serious consideration, which may mean revisiting core components of the bill. At the same time, opposition parties and former C-11 critics will need to provide real, constructive input to avoid a legislative impasse.
At the end of the day, one thing should remain clear for all parties involved: Canadians deserve a privacy law worthy of the 21st century.
