Safeguarding Canadians' Personal Information Act

An Act to amend the Personal Information Protection and Electronic Documents Act

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Tony Clement  Conservative

Status

Introduction and First Reading
(This bill did not become law.)

Elsewhere

All sorts of information on this bill is available at LEGISinfo, provided by the Library of Parliament. You can also read the full text of the bill.

May 29th, 2012 / noon
See context

Conservative

Dean Del Mastro Peterborough, ON

Bill C-29, which was in the former Parliament, made some changes to PIPEDA, and Bill C-12, which was reintroduced on September 29, 2011, had a key amendment that required organizations to report data breaches—referred to in the bill as breaches of security safeguards involving personal information—to the Privacy Commissioner and notify affected individuals when there is real significant harm, such as identity theft or fraud.

I have a lot of folks in my community who are concerned about identity theft. It seems that every once in a while we'll hear about a significant security breach. In fact, your office has reported on some of them. This reporting requirement for security breaches, is it something you would support, these changes that are suggested in Bill C-12?

December 2nd, 2010 / 4:10 p.m.
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Privacy Commissioner, Office of the Privacy Commissioner of Canada

Jennifer Stoddart

I think that work has to continue to progress. It may look like we spent a lot of time on international issues, which may perhaps seem glamorous and so on, but it wasn't that kind of choice. Because of the way the Internet functions, because of Canada's economic position, with so much on the Internet.... First of all, we're big users of the Internet and we're big users of the social network. A lot of our content comes from the United States or from France—even the United States for French-speaking Canadians. We have no choice but to engage internationally.

If you want to enforce our law against somebody who's sitting on the other side of the world, you need to have the ties with the enforcement agency on the other side, and you must have the credibility and have built up a relationship ahead of time. That's why another bill that is currently before the House of Commons.... Well, actually it is in Bill C-29, which went to the Senate, that I have extended power to share information and to enter into working relationships with other agencies and other organizations that do similar work in order to further Canadian law.

That's basically what we're trying to do, ideally: to better global protection for Canadians as their personal information circles around the globe.

Business of the House
Oral Questions

November 25th, 2010 / 3:05 p.m.
See context

Ottawa West—Nepean
Ontario

Conservative

John Baird Leader of the Government in the House of Commons and Minister of the Environment

Mr. Speaker, before I respond to the hon. member's question, I want to say that at our House leaders meeting just two weeks ago, the government raised the issue of one of the Liberal members calling a minister of the Crown a “slime” five times.

The House leader for the Liberal Party is seeking to raise the decorum and the quality level of debate in this place. The member is a senior member of the Liberal shadow cabinet. Before I answer the normal Thursday question, I wonder if the member could update us on where we are on that.

The House leader of the official opposition has also been very passionate in wanting to reduce the amount of heckling in this place and yet we was rather egregiously heckling the Minister of Finance yesterday on Walkerton. I spoke with the member who represents that constituency and that community takes great offence at the continuing vilification of the name of their town. Maybe we will get that next week with the slime comment.

Today we will continue the opposition motion from the Bloc Québécois.

Friday we will debate Bill C-41, strengthening military justice, and Bill C-43, the RCMP labour modernization.

On Monday, Tuesday, Wednesday and Friday of next week we will call Bill C-49, action on human smuggling; Bill C-47, sustaining Canada's economic recovery; Bill C-22, protecting children from online sexual exploitation; Bill C-29, safeguarding Canadians' personal information; Bill C-41, strengthening military justice; Bill C-43, the RCMP labour modernization; Bill C-54, child sexual offences; Bill C-33, safer railways act; Bill C-8, Canada-Jordan free trade agreement; and, Bill C-20, an action plan for the National Capital Commission.

Thursday will be an allotted day for our friends in the New Democratic Party.

Business of the House
Oral Questions

November 18th, 2010 / 3:05 p.m.
See context

Ottawa West—Nepean
Ontario

Conservative

John Baird Leader of the Government in the House of Commons and Minister of the Environment

Mr. Speaker, let me make an undertaking to my colleague, the House leader of the official opposition, to make enquiries into that and respond to him in short order.

The House will continue today with the opposition motion.

Tomorrow we will continue debate, and I know the NDP will be excited about this, on Bill C-10, Senate term limits; Bill C-19, regarding political loans; followed by Bill S-3, tax conventions implementation.

On Monday and Tuesday of next week, we will call Bill S-3, tax conventions implementation; Bill C-3, gender equity in Indian registration; Bill C-28, fighting Internet and wireless spam; Bill C-22, protecting children; Bill C-29, safeguarding personal information; and Bill C-30, response to the Supreme Court of Canada decision in R. v. Shoker.

On Wednesday and Friday we will call Bill C-41, strengthening military justice; and Bill C-43, RCMP labour modernization.

Thursday will be an allotted day. I believe this allotted day will go to the Bloc Québécois.

With respect to a take note debate, there have been discussions amongst the parties. There have not been a lot of take note debates. Two weeks ago we had one on veterans issues. I believe next week we will be having one on the issue of pensions, which I know is a concern for all of us, but particularly this was brought forward by the House leader for the official opposition. I believe we are looking at Tuesday night for that.

I appreciate the co-operation we have had from all parties. This gives members an opportunity to bring issues relevant to their constituents forward in the House.

October 28th, 2010 / 4:20 p.m.
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Conservative

Harold Albrecht Kitchener—Conestoga, ON

Thank you. I wasn't intending to ask the question, but you opened that door on Bill C-28 and Bill C-29.

I'd be the first to acknowledge that I'm not an IT expert, and my questions will probably show that quickly enough.

If Google can inadvertently capture this Wi-Fi payload data while a car is driving down the street, how can I be assured as a private citizen that some IT expert with malicious intent could not go down my street, do a personal investigation on my data, and use it for something other than proper purposes?

October 28th, 2010 / 4:20 p.m.
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Conservative

Harold Albrecht Kitchener—Conestoga, ON

Thank you, Mr. Chair.

Thank you for being here today.

I wanted to follow up Bill C-28 and Bill C-29. I take it from your comments that you are very supportive of the measures in those bills that are before Parliament right now.

October 28th, 2010 / 4:15 p.m.
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General Counsel, Office of the Privacy Commissioner of Canada

Patricia Kosseim

That's a very nice question. Thank you.

We may take you up on that on further reflection and send those recommendations back to you. I'm sure our office would be pleased to do so, but let me offer a few suggestions right off the bat, if I may.

The first thing I could say is to echo what has been the key message of the commissioner and her international counterparts, which is to impress upon all organizations--but especially model organizations and world trendsetters like Google--that they must take proactive measures to avert risks before the deployment of products and services occurs. This is a key message; if you were to echo it, I think it would be very helpful.

There are other things being contemplated by Parliament right now that would go a long way in assisting in where we go from here. One of those is to afford the commissioner with the powers and the authority necessary to share information about ongoing investigations with her international counterparts, so that she can compare notes with her German and U.K. and Irish and Australian colleagues and discuss what we have found, what they have found, and what we need to do collectively to stop something in its tracks.

Currently, she cannot do that, but Bill C-28 would afford her with the powers to share and exchange information and collaborate even more meaningfully than she can now with her international counterparts to deal with these global issues.

Another change going from here currently to Parliament would be to give her discretion to choose which complaints she goes forward with. Right now she must investigate all complaints, which takes an awful lot of resources, as you know. If she were afforded with the discretion to set priorities and decide where the real risks are, to take some complaints or not investigate other complaints, then she could afford and allocate resources much more meaningfully to get at the big risks--such as Google, in this example--and allocate her resources accordingly. That discretion would help.

Finally, another change before Parliament is Bill C-29, the amendments to PIPEDA. As you know, these amendments would make it mandatory for organizations to notify of breach. This would go a long way towards bringing these instances out into the open to be able to deal with them.

Business of the House
Oral Questions

October 28th, 2010 / 3:05 p.m.
See context

Ottawa West—Nepean
Ontario

Conservative

John Baird Leader of the Government in the House of Commons

Mr. Speaker, certainly in the course of my comments I will answer both of those questions. We will continue debate today on Bill C-49, the preventing human smugglers from abusing Canada's immigration system act.

Tomorrow we will call Bill C-36, the consumer product safety bill. Since it was only reported back from committee today, we will need to adopt a special order, which I will propose after my statement. This is a bill that will help protect children, help protect families, and I think it speaks incredibly well of all four political parties that they put politics aside and are seeking speedy passage of the bill. So I would like to thank everyone in all parties for their support on this important initiative. It is a good day for Parliament.

On Monday, we will continue debate on Bill C-47, the second budget implementation bill. I know the member opposite has been waiting for this and I hope he will have the opportunity to speak to this important piece of legislation.

That would be followed by Bill C-49, the preventing human smugglers from abusing Canada's immigration system act; Bill S-2, regarding the sex offenders registry; Bill S-3, the tax conventions; Bill C-41, strengthening military justice; Bill C-48, the protecting Canadians by ending sentence discounts for multiple murders act; Bill C-29, safeguarding Canadians' personal information; and Bill C-30, on the Supreme Court of Canada decision in R. v. Shoker.

On Tuesday, we will call Bill C-32, copyright modernization. At the conclusion of debate on the bill, we will call Bill C-48, protecting Canadians by ending sentence discounts for multiple murders. Following Bill C-48, we will return to the list for Monday, starting with the budget implementation act, which again speaks to one of the member's questions.

On Tuesday evening we will have a take note debate on honouring our veterans and I will be moving the appropriate motion in a few minutes. I think it again speaks well that we are having a take note debate. I know the member for Vancouver East joined members of the Liberal Party, the Bloc Québécois and the Conservative Party in supporting this.

Thursday shall be an allotted day for the New Democratic Party, an opposition day as requested by the House leader for the official opposition.

Therefore, consultations have taken place among the parties and I am pleased to move:

That a take-note debate on the subject of the courageous contribution and service to Canada by Canada's Veterans take place pursuant to Standing Order 53.1, on Tuesday, November 2, 2010.

Safeguarding Canadians' Personal Information Act
Government Orders

October 26th, 2010 / 5:25 p.m.
See context

NDP

Bill Siksay Burnaby—Douglas, BC

Mr. Speaker, I will try again with another angle because I suspect there are things that we can learn from the experience of Quebec when it comes to passing legislation in this area and administering that legislation.

I know the member is not supporting Bill C-29 and that she sees it as an intrusion into the jurisdiction of Quebec, but the bill exempts business contact information from the provisions of PIPEDA, which means that any information an organization or business collects, uses or discloses solely for the purposes of communicating or facilitating communication with the individual in relation to their employment, business or profession is exempt.

I am just wondering if there is a similar exemption for business contact information in the Quebec legislation, which is now being contemplated in the bill that we have before us today here in the House.

Safeguarding Canadians' Personal Information Act
Government Orders

October 26th, 2010 / 5:25 p.m.
See context

Bloc

Carole Freeman Châteauguay—Saint-Constant, QC

Mr. Speaker, in Quebec, we have laws that cover all the provincial jurisdictions. Anything to do with personal information—names, addresses, etc.—is covered by the laws that I mentioned in my speech.

Currently, this jurisdiction is a civil matter and is protected by the Civil Code. The very fact that we are discussing Bill C-29 in the House is inappropriate. This bill encroaches on provincial jurisdictions, and I am shocked that the provinces, like Ontario for example, are not reacting more and are allowing inappropriate laws that intrude into their jurisdictions to be imposed on them like this. I am completely shocked to see that.

However, I am reassured that two other provinces, Alberta and British Columbia, have also implemented legislation similar to what is done federally. To date, when a provincial law exists, the federal government has let the provincial law take precedence, which is why Bill C-29 would not currently be applicable in Quebec, Alberta or British Columbia. Provincial laws govern this data in the private sector.

I would like to thank my colleague for this question, which allowed me to clarify this.