Appearance before the Standing Committee on Access to Information, Privacy and Ethics (ETHI) on the government’s decision to order the wind up of TikTok Technology Canada, Inc. 

December 10, 2024
Ottawa, Ontario
Opening statement by Philippe Dufresne
Privacy Commissioner of Canada

(Check against delivery)

---

Good afternoon, Mr. Chair, Members of the Committee.

Thank you for the invitation to appear in the context of your study of government’s decision to order the wind up of the Canadian business carried on by TikTok Technology Canada, Inc.

I welcome this opportunity to contribute to this important discussion on national security and privacy in the context of foreign ownership, control or influence of digital platforms, including social media.

With respect to the government’s decision to order the wind up of the Canadian business carried on by TikTok Technology Canada Inc., this decision was made pursuant to the Investment Canada Act, which allows for the review of foreign investments that may be injurious to Canada’s national security.

According to the Guidelines on the National Security Review of Investments, these reviews may look at a number of factors, including whether a foreign investment could facilitate access to sensitive personal data, including personally identifiable health or genetic information; biometric information; financial information; private communications; geolocation; or personal data concerning government officials.

This assessment is made by the government and my Office was not involved or consulted with respect to this assessment. Indeed, we learned of it when it was announced publicly on November 6, 2024.

As you know, in February 2023, I launched an investigation into the TikTok social media platform along with my provincial counterparts in Quebec, British Columbia, and Alberta.

We are examining whether TikTok’s practices comply with Canadian privacy legislation and, in particular, whether valid and meaningful consent is being obtained for the collection, use, and disclosure of personal information.

Given the importance of protecting children’s privacy, the joint investigation is focused on TikTok’s privacy practices as they relate to younger users.

I expect that the findings from our investigation into TikTok will be informative not just for that company, but also for other organizations that collect and handle children’s sensitive personal information.

The government’s decision to order the wind up of TikTok Technology Canada, Inc., does not impact my authority to investigate.

We are nearing the end of this investigation and my goal is to have it concluded in the next few months.

As the investigation is ongoing, I am limited as to what else I can share at this time.

Championing children’s privacy, addressing and advocating for privacy in this time of technological change, and maximizing our impact are my three strategic priorities for the OPC.

To this end, in October of this year, I issued a statement with my G7 counterparts on AI and children. The statement highlights the importance of ensuring that technologies such as AI be developed in a manner consistent with the best interest of the child.

Achieving this important balance between innovation and the fundamental right to privacy requires a concerted effort and collaboration across jurisdictions to support and empower individuals to be active digital citizens, confident that their fundamental right to privacy is protected.

We do this by setting the parameters that will help organizations to innovate while building a culture of privacy in which privacy-by-design and privacy-by-default principles are woven into the fabric of their activities.

I will conclude by thanking and commending the committee for its most recent report entitled, Oversight of Social Media Platforms: Ensuring Privacy and Safety Online, which was released last Thursday. I fully support your recommendations that are good for privacy, good for Canadians and good for the public interest and innovation. I look forward to sharing and discussing these important insights with my counterparts in Canada and internationally.

Thank you again and I would be happy to answer your questions.