Evidence of meeting #34 for Access to Information, Privacy and Ethics in the 43rd Parliament, 2nd Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was c-11.

A video is available from Parliament.

On the agenda

MPs speaking

Also speaking

Daniel Therrien  Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

12:55 p.m.

Bloc

Rhéal Fortin Bloc Rivière-du-Nord, QC

We agree with you.

Thank you, Mr. Therrien.

12:55 p.m.

Conservative

The Chair Conservative Chris Warkentin

Thank you, Monsieur Fortin. You are out of time.

Mr. Angus, we'll turn to you now for the next two and a half minutes.

12:55 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you, Mr. Chair.

Mr. Therrien, one thing I thought was really profound in your findings against Clearview AI was that you said it would essentially subject the citizens of this country to a perpetual police lineup.

What we're talking about is not dystopian science fiction. We should know, as citizens, that when our children go to the mall, they aren't being photographed and put into a database; that racialized citizens are not being targeted on the streets where they walk; and that the right to go into a public place is a public right and we should not be profiled, targeted or put into some form of database for collection.

The Clearview AI case was a really good opportunity for Canada to get this right, because it was so egregious. What you're telling us is that the laws were written, in a way, to protect these outlier companies, ignoring the growing awareness that's happening internationally.

With Bill C-11, if the government is refusing to make the necessary changes to put a human rights frame on the rights of privacy, and if it is going to insist on protecting the interests of corporations that may not have the best interests of our citizens at heart, would we be better off with the status quo than putting more weight on the side of companies and outliers like Clearview AI?

12:55 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

First, I would not ascribe motivation to those who have tabled Bill C-11, other than trying to balance commercial interests and privacy concerns and issues, and—

12:55 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

I fully understand that.

I'm just asking.... You say you're concerned that after Clearview AI, they would potentially have stronger legal power or ability to resist. That's my concern.

12:55 p.m.

Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada

Daniel Therrien

That's my concern, as well.

Indeed, I think it is quite possible that a court, seized with a matter like Clearview AI, under CPPA, would not necessarily maintain the decision that we have made, in part because of the way the balancing clause of the CPPA is drafted. I find that extremely concerning, as well as the limited nature of administrative penalties under Bill C-11.

12:55 p.m.

NDP

Charlie Angus NDP Timmins—James Bay, ON

Thank you very much.

12:55 p.m.

Conservative

The Chair Conservative Chris Warkentin

Thank you, Mr. Angus.

Colleagues, we will move to adjourn shortly, but I just want to inform colleagues that we have two witnesses for the upcoming meeting. This Friday, we have—I'm just reminding myself, so I don't get it wrong—the Information Commissioner as well as the Commissioner of Lobbying confirmed, each for one hour.

Commissioner, thank you so much for joining us on these two important meetings, first on estimates, and then, of course, as we launch into the study on facial recognition technologies. We certainly appreciate your willingness to come and to be prepared to answer questions on both of those issues, as well as the willingness of our additional witnesses.

Colleagues, there are a few minutes left before the bells end, but I want to adjourn this meeting to allow members to be prepared to vote and to be logged in when that happens.

Again, Commissioner, thanks so much.