Mr. Speaker, I am pleased to have this opportunity to speak to Bill C-54, the personal information protection and electronic documents act.
In addition to modernizing federal legislation for the digital age and building the environment for electronic commerce to flourish, this act also addresses one very particular need in the information society in which we now live: the right of individuals to have some control over their personal information.
The rapid development of information and communications technology such as the Internet has brought about new opportunities for individuals, businesses, communities and governments. But to realize those opportunities there are some challenges that must be resolved. One of the most significant of these is the issue of privacy and the protection of personal information. New technologies provide new capabilities to collect and manage personal data. Canadians want to be confident that any information concerning themselves is accurate, up to date and, most importantly, secure.
Bill C-54 provides that assurance and much more. It will make private sector organizations responsible for the security and accuracy of the personal information they collect. For federal statutes it will introduce a degree of equivalency between electronic and paper formats and improve the ability of the federal government to conduct its business electronically. An opting out process would allow government bodies sufficient time to prepare for the impact of updating and re-engineering their business functions for the age of the Internet. It will assist the courts in evaluating the reliability of electronic records presented as evidence and it will give official status to electronic statutes and regulations.
Specifically regarding security, the legislation proposes ways to remove legal roadblocks to using electronic technology as a secure option for doing business with the federal government. It contains provisions for the development of secure electronic signatures for people doing business with the federal government. These will provide a model for electronic commerce in general. It will make federally regulated private sector organizations responsible for the security and accuracy of the personal information they collect.
The provisions of the act for privacy protection are based on the model code for the protection of personal information which was developed by the Canadian Standards Association.
However, as exemplary as this code is, it has been voluntary. Now we are enshrining its principles in law and we are making significant improvements.
To be successful any legislation regime which safeguards personal information must provide effective oversight and enforcement, and foster awareness.
As other hon. members have noted in previous debates, Bill C-54 is the result of a great deal of broadly based consultations. In those consultations Canadians made their point over and over again that individuals must have the right to launch complaints and to challenge an organization when they think its compliance with protection requirements has been inadequate.
The legislation before us gives individuals the right to complain and to challenge compliance with any part of the law. Thus it affords Canadians a key role in monitoring the organizations which hold personal information about them.
The private sector also has an extremely important role to play. There was strong agreement in the consultations that businesses should take an active role in monitoring their own practices and should co-operate with consumers in resolving problems. The first step in a normal complaint process should involve an individual complaining to the organization.
The organization should then look into the complaint and attempt to resolve it.
Accordingly, Bill C-54 makes organizations accountable for the information they collect, use or disclose. Furthermore, it requires that organizations put in place procedures to receive and respond to complaints or inquiries about their information policies and practices.
However, an individual might not always be able to obtain satisfaction through the organization. In such cases there must be a second avenue for redress. This legislation provides that avenue. Throughout the government's consultations Canadians expressed broad support for giving the Privacy Commissioner of Canada the authority to investigate complaints, issue recommendations, mediate disputes and conduct research on issues related to the implementation of the law.
Under Bill C-54 individuals will be able to complain to the commissioner regarding any aspect of an organization's compliance with the legislation, including improper collection and use or disclosure of personal information. The commissioner may also initiate complaints if there are reasonable grounds to do so. The commissioner will have the power necessary to investigate complaints, including the ability to enter the premises of any organization, examine any records, administer oaths and interview an organization's staff.
Furthermore, as part of the complaint resolution process the commissioner may suggest mediation or other forms of dispute resolution. When an investigation has been completed the commissioner will provide a report outlining the findings of the investigation together with any recommendations the commissioner deems appropriate to both the individual and the organization. The commissioner may follow up to ensure that the organization deals with the identified issues.
In our consultations consumers indicated that it was important that the legislation provide a watchdog who can ensure that the law is being respected. When the commissioner has reasonable grounds to believe that an organization is not complying with the law the legislation gives the privacy commissioner the power to conduct audits.
Consumers and businesses have also made clear their view that legislation to protect privacy in the private sector will be most effective if it includes measures to address emerging privacy issues proactively through consumer education. The government agrees that consumer education is absolutely key to ensuring that citizens are well informed about their privacy rights and are vigilant in protecting them. Therefore, the legislation gives the privacy commissioner an explicit mandate to educate the public. It also gives the commissioner powers to research and comment on any issues that affect the privacy of Canadians.
These various powers of the privacy commissioner are designed to ensure compliance with the law and to give consumers somewhere to turn when there is a problem. The commissioner will also serve as an important source of expertise and advice for organizations that are trying to comply with the law.
Canadian citizens and consumers are rightly asking that personal information be adequately protected in the new digital economy. Experience has shown that industry self-regulation has not been up to the task. As a result, international data laws have to be developed that might restrict the flow of information to countries with inadequate privacy protection standards. With this legislation the government has done so, with privacy protection that will be simple yet effective, consumer friendly and not overly burdensome for the industry, especially for small and medium size firms.
It is made in Canada legislation that strikes the right balance for our conditions and it will help ensure that technological innovations will be able to serve our economic needs while not infringing on our fundamental rights.
It is the system that Canadians need to safeguard information privacy in the private sector. Therefore, I move:
That the question be now put.
