COMMENTS ON ONTARIO WHITE PAPER: MODERNIZING PRIVACY IN ONTARIO

In Canadian Privacy by Colin BennettLeave a Comment

Below are my comments on the Ontario White Paper on the modernization of Ontario’s privacy law. Overall, I am impressed with this white paper, and the reasoning behind it.  I am pleased that the Ontario government seems intent on correcting some of the flaws in the current version of the federal legislation (Bill C-11).   I have offered my own critique of C-11, …

SUBMISSION TO SPECIAL COMMITTEE TO REVIEW THE B.C. PERSONAL INFORMATION PROTECTION ACT (PIPA)

In Canadian Privacy by Colin BennettLeave a Comment

June, 15th 2021 I gave oral testimony to the committee on the reform of PIPA in June 2020.   Since then, the federal government’s Consumer Privacy Protection Act (CPPA) has been published and critiqued.  I understand that the committee is interested in the relationship between PIPA, the CPPA, (Bill C-11) and the EU General Data Protection Regulation (GDPR).    I published an analysis of the …

ONE SET OF PRIVACY RIGHTS FOR EUROPEANS, A LESSER ONE FOR CANADIANS? WHY THE CANADIAN CONSUMER PRIVACY PROTECTION ACT AND THE EU’s GENERAL DATA PROTECTION REGULATION SHOULD BE IN ALIGNMENT

In Canadian Privacy by Colin BennettLeave a Comment

The federal government’s new Consumer Privacy Protection Act (Bill C-11) implementing its Digital Charter is not consistent with the global standard for international privacy protection, the EU’s General Data Protection Regulation (GDPR).   And it needs to be – for Canadian consumers and for our businesses.   For 20 years, Canada has enjoyed the status as a jurisdiction that offers an “adequate level of protection” for …

CANADA’S NEW CONSUMER PRIVACY PROTECTION ACT (BILL C-11): WILL IT BE ADEQUATE[i]

In Canadian Privacy by Colin BennettLeave a Comment

Previously published in Privacy Laws and Business International, February 2021 (Issue 169) On 17 November  2020, Canada’s then Industry Minister (Navdeep Bains) introduced a new Consumer Privacy Protection Act (CPPA), and a Personal Information and Data Protection Tribunal Act (Bill C-11) to replace the Personal Information Protection and Electronic Documents Act (PIPEDA).   The bill is part of an ambitious plan to implement …

Submission on Reform of Canada’s Privacy Act: Modernizing Canada’s Privacy Act

In Canadian Privacy by Colin BennettLeave a Comment

I am Professor in the Political Science Department at the University of Victoria.   For over 30 years, I have been researching and writing about the issue of personal privacy protection in Western societies:  the spread of surveillance; the nature and extent of public concern; and the content and effectiveness of privacy protection policies, both in Canada and internationally.  I have written several reports …

Presentation to the Special Legislative Committee on Review of the B.C. Personal Information Protection Act (PIPA) June 9, 2020

In Data Protection by Colin BennettLeave a Comment

Thank you for this opportunity to appear before you today.   I listened to the testimony last week, and I do not want to repeat what you heard from Michael McEvoy.  PIPA is dated.  There have been two statutory reviews and nothing has been done to update the law.  Despite what you will hear from others about this being a practical statute that balances …

Unpacking the “Micro” in Political Micro-Targeting

In Parties and Privacy by Colin BennettLeave a Comment

I have often been troubled by the lack of a clear definition of political micro-targeting. There is a lot of discussion of the macro effects of micro-targeting, and of the larger impact of data-driven elections. It arguably serves to fragment political discourse, to accentuate “wedge issues”, to promote “filter bubbles” and leads to a transactional politics where localized claims and …

MORE TRADITIONAL METHODS OF SURVEILLANCE MIGHT BE MORE VALUABLE FOR CONTACT-TRACING THAN SMARTPHONE APPS – AND PERHAPS MORE INTRUSIVE

In Surveillance by Colin BennettLeave a Comment

There has been a vigorous global debate about the use of smartphone contact-tracing apps as valuable tools to monitor and curtail the spread of COVID-19.  We should not forget, however, that there are many other ways to track location through the analysis of the routine records that organizations capture about our behavior and transactions.     Proponents see smart-phone apps as valuable tools …

STRONGER PRIVACY ENFORCEMENT POWERS FOR CANADA’S PRIVACY COMMISSIONER AND A POSSIBLE RULE FOR CANADA’S COMPETITION BUREAU?

In Privacy Commissioners/DPAs by Colin BennettLeave a Comment

The Office of the Privacy Commissioner of Canada (OPC) is essentially an Ombudsman.   The Commissioner investigates complaints, and makes recommendations.  He has no order-making powers to enforce his orders; he has to make an application to Federal Court.   And he has very limited powers to levy fines.   There is now a prevailing view that the simple ombudsman powers of the Privacy Commissioner are …