Digital Charter Implementation Act, 2020

An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts

This bill is from the 43rd Parliament, 2nd session, which ended in August 2021.

Sponsor

Navdeep Bains  Liberal

Status

Second reading (House), as of April 19, 2021
(This bill did not become law.)

Summary

This is from the published bill. The Library of Parliament has also written a full legislative summary of the bill.

Part 1 enacts the Consumer Privacy Protection Act to protect the personal information of individuals while recognizing the need of organizations to collect, use or disclose personal information in the course of commercial activities. In consequence, it repeals Part 1 of the Personal Information Protection and Electronic Documents Act and changes the short title of that Act to the Electronic Documents Act. It also makes consequential and related amendments to other Acts.
Part 2 enacts the Personal Information and Data Protection Tribunal Act, which establishes an administrative tribunal to hear appeals of certain decisions made by the Privacy Commissioner under the Consumer Privacy Protection Act and to impose penalties for the contravention of certain provisions of that Act. It also makes a related amendment to the Administrative Tribunals Support Service of Canada Act.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from Parliament. You can also read the full text of the bill.

Bill numbers are reused for different bills each new session. Perhaps you were looking for one of these other C-11s:

C-11 (2022) Law Online Streaming Act
C-11 (2020) Law Appropriation Act No. 1, 2020-21
C-11 (2016) Law An Act to amend the Copyright Act (access to copyrighted works or other subject-matter for persons with perceptual disabilities)
C-11 (2013) Priority Hiring for Injured Veterans Act

Debate Summary

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This is a computer-generated summary of the speeches below. Usually it’s accurate, but every now and then it’ll contain inaccuracies or total fabrications.

Bill C-11 aims to modernize data protection laws by establishing the Consumer Privacy Protection Act, creating a data protection tribunal, increasing consumer control, and enabling responsible innovation.

Liberal

  • Enhances consumer control: The bill introduces important rules for obtaining meaningful consent, gives individuals the right to delete information, enables data mobility, and improves transparency around automated decision-making systems like algorithms and AI.
  • Enables responsible innovation: The legislation provides clear rules for companies, including how to handle de-identified information, allows data use for research and development, and permits disclosing de-identified data for socially beneficial purposes.
  • Strengthens enforcement and oversight: The bill gives the Privacy Commissioner expanded order-making powers and establishes a new tribunal to review decisions and impose significant financial penalties of up to $25 million or 5% of global revenue for serious violations.
  • Modernizes laws and aligns internationally: The bill represents the most ambitious overhaul of Canada's private sector privacy regime since PIPEDA, aiming to achieve consistency with international standards like the EU's GDPR to maintain Canada's trade advantage.

Conservative

  • Burdens small businesses: Conservatives express concern that the bill imposes onerous requirements and red tape on small and medium-sized enterprises, potentially hindering their competitiveness against larger firms.
  • Consent exceptions too broad: Members argue the bill includes broad exemptions to consent requirements and uses ill-defined terms, warning this could undermine privacy protections and render consent meaningless.
  • Criticizes government's record: The party highlights government failures in data security (CRA, NRC hacks) and criticizes its inaction on foreign threats like Huawei, questioning its commitment to protecting Canadians' privacy.
  • Question committee referral: Conservatives question why the bill is being sent to the ethics committee instead of the industry committee, suggesting it may be a tactic to delay scrutiny of government scandals.

NDP

  • Digital rights are human rights: The NDP believes people's digital rights are connected to their human rights, emphasizing the importance of protecting online presence and data.
  • Strengthen privacy commissioner: The party has concerns about the proposed tribunal's structure and power, advocating for more resources and authority for the Privacy Commissioner instead.
  • Include political parties: The NDP opposes the exemption of federal political parties from privacy oversight and accountability, planning to seek amendments to include them.
  • Link digital rights to connectivity: Digital rights are connected to ensuring affordable connectivity and fostering fair competition in the digital economy for all Canadians.

Bloc

  • Supports the bill: The Bloc supports the bill's introduction, viewing it as a necessary step forward that strengthens privacy protection and grants the commissioner increased powers and the ability to impose significant penalties.
  • Identity theft protection needed: A major omission is the lack of provisions requiring robust identity verification for financial transactions and government services, leaving citizens vulnerable to fraud and identity theft.
  • Protect Quebec SMEs: The bill risks creating administrative burdens and confusion for Quebec SMEs due to potential conflicts and overlap between federal and provincial privacy laws.
  • Will propose amendments: The party will propose amendments in committee to require stronger identity verification by banks and the government and address other concerns like metadata.
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Digital Charter Implementation ActGovernment Orders

April 19th, 2021 / 2 p.m.

Conservative

Michael Barrett Conservative Leeds—Grenville—Thousand Islands and Rideau Lakes, ON

Mr. Speaker, it is important, of course, that we protect the privacy rights of individuals. One's data or presence online has incredible value to private business, and we need to be cognizant of that. Of course, a regulation to make sure that the biggest tech giants are respectful of that and that they are protecting individuals' information is key.

We have also heard in testimony from organizations like Twitter that sometimes anonymity is necessary as part of public discourse, so a balance needs to be struck there. We will have to take a look at that when it is studied at committee.

Digital Charter Implementation ActGovernment Orders

April 19th, 2021 / 2 p.m.

The Deputy Speaker Bruce Stanton

There will be a minute and a half remaining in the time for questions and comments. I am sure the hon. member for Leeds—Grenville—Thousand Islands and Rideau Lakes will be fascinated to come back and receive those questions when the House next gets back to debate on the question.