Proposed lines on current issues in the news and off topic questions the Commissioner might get from media or Members of Parliament
If asked to comment on ongoing investigations:
- Emergencies Act
- Vaccine mandate investigations
- Public Health Agency of Canada (PHAC) mobility data
- Domestic Travel – (Transport Canada, VIA Rail, Canadian Air Transport Security Authority (CATSA))
Our investigation is ongoing. I’d be happy to discuss our findings once the investigation is complete.
Bill C-27
We welcome the introduction of Bill C-27 as an important step towards a new law for the private sector.
At the moment we are still carefully analyzing the Bill.
I would be happy to return to Committee at a later date to share my thoughts on how to ensure the new law will effectively protect the privacy rights of Canadians.
ArriveCAN
My office has received and is currently investigating a complaint that raises concerns with respect to the collection of personal information through ArriveCAN and subsequent use of that information.
PHAC has engaged with our office about ArriveCAN and we have provided them with recommendations.
Given the ongoing investigation and consultations, I do not have further details to provide at this time.
Further reading:
Media Response Re ArriveCAN (includes details of our interactions with GoC on this file) – (Internal document)
Tim Hortons class action settlement
Our office was not involved in the class action so I am not in a position to comment.
I understand that the matter is still before the courts. A proposed settlement of the relevant class action in Quebec will be considered at a hearing on September 6th. The matter will also be considered by courts in British Columbia and Ontario.
As you know, we did investigate the matter with three provincial data protection authorities and released our findings in June.
Further reading:
Tim Hortons app violated privacy laws in collection of ‘vast amounts’ of sensitive location data
B.C. Information and Privacy Commissioner – federal political parties
(This issue is less likely to be raised by journalists; we’ve included lines because Policy Options published an article this week. Parliament Hill journalists have been interested in our office’s position on privacy issues related to federal political parties.)
Given that it this is an important question before the courts, I am not in a position to comment on the specifics of this case.
Research that my office and other data protection authorities have commissioned clearly establishes that political parties collect vast amounts of personal information. Voters deserve to have their privacy respected.
B.C. has historically been the only jurisdiction in Canada where political parties are subject to private-sector privacy laws. Quebec’s Bill 64 will make political parties subject to certain provisions of the private sector privacy legislation in that province.
My office has called for federal political parties to be made subject to legislation that requires them to comply with globally recognized privacy principles.
In 2021, my office determined, despite a complex complaint involving political parties, our current federal data protection laws could not be applied to the case.
In 2019, the OPC and the Chief Electoral Officer issued guidance for federal political parties on protecting personal information, in response to changes to the Canada Elections Act requiring them to develop privacy policies.
Unfortunately, those changes do not require them to adhere to international privacy standards.
Further reading:
- Opinion piece: Federal political parties are arguing for less protection of personal information in B.C. (Policy Options)
- Guidance for federal political parties on protecting personal information (OPC, Chief Electoral Officer)
- Resolution of the Federal, Provincial and Territorial Information and Privacy Commissioners - Securing Trust and Privacy in Canada’s Electoral Process
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