Evidence of meeting #71 for Access to Information, Privacy and Ethics in the 44th Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was privacy.
A video is available from Parliament.
Liberal
Bloc
René Villemure Bloc Trois-Rivières, QC
I think he should be using the other microphone. I did not hear the question.
Liberal
Conservative
Conservative
The Chair Conservative John Brassard
I think that the interpreters did not understand what you said, Mr. Fergus. Use just one of the microphones, not both.
Mr. Kurek, do you have a point of order?
Conservative
Damien Kurek Conservative Battle River—Crowfoot, AB
Yes. The interpreter provided some commentary and I'm listening to it. It's because you're looking over that way. Make sure you're looking toward the mike.
Conservative
The Chair Conservative John Brassard
Speak directly into the microphone, Mr. Fergus. I stopped the clock.
Apparently you're going to get the time you wanted. I've stopped the time, so please restart.
Liberal
Greg Fergus Liberal Hull—Aylmer, QC
My question is this.
Mr. Dufresne, governments here and around the world have banned TikTok on government devices. Can you describe in a very clear way the dangers TikTok represents to privacy protection?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
Thank you for your question, Mr. Fergus.
Indeed, the Government of Canada and other governments have decided to ban the use of TikTok on their devices for security and privacy reasons.
For my part, at the Commissioner's Office, I announced in February that I was launching an investigation with my provincial counterparts in Quebec, British Columbia and Alberta to verify whether TikTok's practices are consistent with privacy requirements, including when it comes to required consent, understanding and explanations, especially regarding young people. We know that most users are young people and we have seen cause to investigate these practices to protect the privacy of all Canadians, but especially the young people who use this platform.
This joint investigation is under way. I cannot say more about its potential findings. However, it illustrates the collaboration that exists between my office and the provincial commissioners. We will continue to collaborate in this way as much as possible.
Liberal
Greg Fergus Liberal Hull—Aylmer, QC
Do you also have the opportunity to collaborate with international organizations or other governments?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
Yes, absolutely.
In fact, this is allowed under the Personal Information Protection and Electronic Documents Act, which applies to the private sector. We are working with privacy commissioners from other countries and we are playing a leadership role with them in the international community. There is also the Global Privacy Assembly and countless other institutions that seek to facilitate this collaboration. It is therefore important to do this not only in Canada with the provinces and territories, but also internationally. There are of course other jurisdictions where commissioners have ruled on this.
We are sharing information, best practices and trends with some sub-groups. This allows for collaboration, determining best practices and trends and drawing conclusions that, as much as possible, will be achievable and consistent with those of different governments. This also makes things easier for organizations that have to comply with privacy requirements.
Obviously, privacy protection knows no borders and affects everyone. The more we can coordinate not just investigations, but also the promotion and development of guidelines to help organizations and prevent privacy breaches, the better off we will be. We are collaborating in all these ways.
Liberal
Greg Fergus Liberal Hull—Aylmer, QC
Do you think it is important for parliamentarians to pay attention to TikTok as well?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
I am focusing on my jurisdiction as Privacy Commissioner. We concluded that we need to determine whether we are adequately protecting the personal information of Canadians and young people. When the investigation is over, we will make it public and, if necessary, make recommendations. Some of these recommendations might call on parliamentarians if we determine that there are gaps in the legislation.
We make all sorts of recommendations. We can make some for businesses and also in the context of bills, such as Bill C‑27. If it is a matter of privacy, it is part of our mandate and we will continue to focus on that.
Liberal
Greg Fergus Liberal Hull—Aylmer, QC
Given the role of Parliament and your collaboration work with the provinces and territories, do you know approximately when you will finish your inquiry and publish a report? Are we talking months?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
It is hard to say because it obviously depends on how the investigation unfolds. We launched the investigation in February this year and my objective is to finish it no later than next February. We want to complete it as soon as possible, but we also want to do it properly as well. These are important issues that have significant repercussions on children, on Canada and for TikTok. I told my team and my provincial colleagues that we must work as quickly as possible, but as diligently as possible as well. We need to strike a balance.
Conservative
The Chair Conservative John Brassard
Thank you, Mr. Fergus and Mr. Dufresne.
Mr. Villemure, you now have the floor for six minutes.
Bloc
René Villemure Bloc Trois-Rivières, QC
Thank you, Mr. Chair.
Thank you for being here, Commissioner. I think I might start with a bit of a joke. Do you personally use TikTok?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
No, I don't. I can't use it under the directive, but I didn't use it before either.
Bloc
René Villemure Bloc Trois-Rivières, QC
Okay. Thank you. That was just a joke.
This morning, the committee is studying the estimates. Bill C-27, which we are going to study a bit later, raises a lot of issues in terms of artificial intelligence, obviously, but also in terms of privacy. Does your office have the means to protect privacy in light of the new requirements set out in Bill C-27?
Privacy Commissioner of Canada, Office of the Privacy Commissioner of Canada
We received additional financial support in the last budget in connection with Bill C-27 so that we can do the work to prepare for the coming into force of this bill, if Parliament decides to pass it. That is a good thing, as I mentioned.
If this bill is passed as it now stands, we expect my office to have additional responsibilities, for example, the authority to make orders and to recommend financial penalties. What is more, there will be more stringent requirements for the complaints process and we will be responsible for reviewing the organizations' codes of practice. Those are all positive things that will expand our role. That being said, we have determined that we will need additional resources to do our work properly.
Bloc
René Villemure Bloc Trois-Rivières, QC
Do you think that Bill C-27 as it now stands creates any privacy risks?