Madam Speaker, I am sure the hon. members from the other side are about to take some good notes on the recommendations we put forward. They are probably discussing among themselves how they can improve upon these serious gaps and have some public engagement on this.
We are not subject matter experts in this House when it comes to this type of technology. It is not clear whether there has been any public engagement specific to Bill C-27 as it is proposed. There was public engagement around the creation of Canada's digital charter, called the national digital and data consultations, that happened back in 2018. However, as I understand it, only about 30 or so discussions were held. That fell dearly short. The majority of digital leaders were from the private sector, and there were only a couple of universities involved. Therefore, it is unclear who the government is consulting with when it deals with this type of surveillance capitalism and the risks it presents to consumers.
Let us get right to the point. What are the gaps that exist in this legislation? How does Bill C-27 compare with the ideal privacy legislation? There are many gaps. Clearly, it does not compare to the GDPR; it also falls short of privacy legislation that is currently being proposed in la belle province of Quebec, in New Zealand and in the state of California.
For example, in California, the California Consumer Privacy Act, the California Privacy Rights Act and the Children's Online Privacy Protection Act have all presented more robust solutions to what is before us here today. In addition, there are privacy protections that come into effect under the CCPA that we should be considering.
We need to ensure that the protections that come into effect include the rights to know, to delete and to opt out of sale or sharing, as well as the right to non-discrimination. Under that legislation, consumers also have the rights to correct inaccurate personal information and to limit the use and disclosure of sensitive personal information collected about them. There is a lot out there that we should be considering when it comes to amendments.
I am going to list examples of gaps within this bill so they are on the record. The bill does not promote the development of data stewardship models. It does not require that organizations take into account the potential consequences to individuals and societies through such measures as privacy impact assessments of a breach of security or safeguards. There is no section in Bill C-27 expressly dedicated to cross-border dataflows.
There has been no privacy impact assessment done to address any additional risks, which should be identified, justified, mitigated and documented in such an assessment. There is no assessment of the broader level of privacy rights protections in foreign jurisdictions. This is a very important conversation, particularly this week in the House, that includes how Canadians' privacy rights can be enforced.
This bill does not include specific rules that are applicable to data brokers, and these are important third parties who are not service providers. There should be a fiduciary duty to individuals if data processors act as intermediaries between individuals and data collectors. This would ensure that such service providers only use personal information entrusted to them for the purpose intended by the individuals.
This bill does not provide the right to disposal with respect to search engines' indexing of personal information where it could cause harm to the individual's privacy or reputation. It does not include the language that was in PIPEDA regarding individual access where it provides an account of third parties to which personal information about an individual or an organization has been disclosed. There should be an attempt that is as specific as possible.
This bill does not include the right of individuals to express their points of view to a human who can intervene or to contest decisions. When we look at AI or how algorithms are working in society today, they are inherently flawed.
In fact, there is another study that I would reference, titled “AI Oversight, Accountability and Protecting Human Rights”, which has commentary on this. This was authored by a series of subject matter experts who gave a long list of needs for adequate public consultation and proper oversight of AIDI to effectively regulate the AI market in Canada.
The commissioner needs to be an independent agent of Parliament. We need to empower an independent tribunal to administer penalties in the event of a contravention, and we need to outline the best practices for auditing and enforcing the law. There are dozens of recommendations contained in both reports that, as New Democrats, we will be presenting to the government at the appropriate time at committee.
It is clear, from the body of the preliminary work that has been done, that this bill is inadequate as it stands. It is too big to adequately cover AI and consumer protections. It has always been our belief that those should be split up. That way we can have an investigation to ensure that consumer protections are met, that surveillance capital does not continue to profit off our most personal information and data and that, ultimately, we have safeguards with a robust and very firm platform on which these organizations, businesses, companies, and in some instances foreign countries, are held to account when they violate our rules.
