Evidence of meeting #126 for Procedure and House Affairs in the 42nd Parliament, 1st Session. (The original version is on Parliament’s site, as are the minutes.) The winning word was agreed.
A recording is available from Parliament.
NDP
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
The U.K. is at our privacy committee right now. They are sending representatives there. We're able, there, to be asking Cambridge Analytica and some of the Canadian affiliates how it was that Brexit went the way it went. How did $1 million dumped into a students' association get access to a bunch of data and then micro-target a bunch of Britons the week prior to their vote on Brexit, which, of course, passed, and the leave campaign won?
Ask England, if they could go back and strengthen their privacy laws, do they think they would. Was that referendum done fairly, openly? Absolutely not.
Liberal
The Chair Liberal Larry Bagnell
My second question is whether in your preamble you said "in consultation with the parties".
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Yes, of course, because we've talked to the Privacy Commissioner and the Chief Electoral Officer about this. We asked how they would come up with these initiatives and whether they would do it in isolation. They said, no, they would consult with the parties, because, as of right now, the Privacy Commissioner and the Chief Electoral Officer have no idea of how our systems work.
They wouldn't develop these in isolation, because they couldn't. They would have to work together, and they do.
Correct me if I'm wrong, Elections Canada, but what's the committee called that is established for the party consultation?
Senior Counsel, Legal Services, Elections Canada
It's the advisory committee of political parties.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
Thank you. It's the advisory committee of political parties.
Elections Canada is in conversation with our political parties all the time: new rules, old rules, enforcement and what to expect in 2019. This is where this would go.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
It's not. However, in testimony and in individual conversations that I've had with them, this is absolutely where they go, especially on something that affects parties.
My experience with them, and the party's experience, is that they don't come out of the blue with a new policy that affects the way we operate, especially on privacy. As I said, they're starting from zero; they have no idea how we manage data, what our security systems are.
The Chief Electoral Officer sat right there and I asked him whether he had any idea of how parties operate when it comes to data. He said, no, he had no idea.
Green
Elizabeth May Green Saanich—Gulf Islands, BC
I would just add that in the example from Cambridge Analytica and the other one, IQ—those are the initials—as you probably remember, it was a Victoria, B.C., company implicated in illegally interfering in the Brexit vote. This is horrific stuff, because this is another risk for political parties. You can contract a company and think they're there to help you with your data, but they're stealing your data for some other use and you won't know.
We have to get a handle on this. It's very dangerous. The thing about it is that while political parties are getting more sophisticated at collecting data and wanting to hang on to it, for people who want to hack our systems we give them a key to our data when we hire a company like that. You think they're working for you. That's what happened on Brexit.
I'm going to say that the Green Party of B.C. hired those people to do some work for us—not us, it's a separate party—in organizing a website. When we and the Green Party of B.C. found out that this company was implicated, this IQ company, they started trying to figure out if our data was stolen, if our data was breached. They had to go public and say, “We really don't know—we've done our best to track it down, but we don't know.”
We have to have controls over what happens to our data so that the public knows, the Privacy Commissioner knows, and so we have control and we know that the public has the right to privacy. It's not as if political parties are the only ones who might misuse the data. The companies we hire in good faith might be the ones who are collecting our data. If people knew that you could click a “like” on a Facebook post and a political party could have a contractor who collects that data....
In other words, it's a two-way street. You're not just saying, “Yes, I like that, thumbs up.” You're not just hiring a company to make the Facebook ad look good. You're actually giving another company.... It's quite Orwellian, I have to admit, but we have to control it. If I were a voting member of this committee, you know I'd be voting to support NDP amendment 21, because at least it's a good start and it gives discretion to the Chief Electoral Officer. Also, I'm sure, as Nathan said, that it would be in consultation with the parties.
It gives us some chance to develop some regulations around what's now.... Because we're not insisting that political parties be under our privacy laws, we're creating a Wild West situation where the political parties are vulnerable, members' data is vulnerable and the average person whose door we knock on is vulnerable, and we have got to get a handle on it.
LCdr Jean-François Morin
Yes. I will just mention to the committee that from a technical standpoint, NDP-21 does refer to consultations with political parties through its proposed subsection 385.2(2), which makes reference to subsections 16.1(2) to (7) of the Canada Elections Act. Subsection 16.1(3) provides for consultation with the commissioner of Canada elections and members of the advisory committee of political parties.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
It's a better amendment than I thought, Chair.
I don't know if this happened for you or other MPs who were in the last Parliament, but Cambridge Analytica approached a number of our offices in the last election with the offer of harvesting our Facebook likes. They asked if we would like to find out the emails of the people who have liked us and if we would like to find out who likes them. They were quite bold and open about it and approached MPs from all parties.
You can see why MPs would be tempted, because, as you know, you get a Facebook like and you know what you know from that, if you just use it like a normal person would. These folks weren't normal people. They asked if we would like to know more about the people and if we would like to be able to email them directly, not just through Facebook, but independently. Would we like to know where they live? Would we like to know what they like? Would we like to know all of their friends and their emails? That was the offer.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
I just heard somebody say “who cares”. That's a fascinating response to—
October 17th, 2018 / 5:55 p.m.
Liberal
Chris Bittle Liberal St. Catharines, ON
Just to clarify that, there is a concern with privacy. That being said, my concern in hearing from the Privacy Commissioner was with respect to PIPEDA. My concern is that he doesn't understand political parties. It's great for the head offices and those involved there to be governed by a set of principles, but going down the line, the people at the door with the call sheet or with the door sheet at their home looking to call, they are governed by the same legislation, the same concerns. If the Privacy Commissioner's belief is that PIPEDA should apply, I don't see where this consultation goes. If the volunteers with the list of names go home after the end of their shift, there's been a data breach.
How do we apply this policy well beyond, to our volunteers and beyond this? We haven't studied it nearly enough to come up with a reasonable solution, creating a broad hope that something will come of it. I don't believe having consultations is something I can support, even though it is desirable to have stronger statements on privacy.
NDP
Nathan Cullen NDP Skeena—Bulkley Valley, BC
When we're drawing up legislation, we're always measuring risk. This is a case where we're tyring to prevent bad things from happening. On the other side, there is the consequence we couldn't have understood before it happens. Every piece of legislation tries to anticipate this and tries to think about it.
To Chris's point, the idea that a volunteer going home with a poll sheet being the type of breach that the Chief Electoral Officer is concerned about versus the things that we know are present dangers.... There's no conspiracy or mythological thinking about this. The concerns have been demonstrated to us in functioning old democracies that we rely on for all sorts of lessons. We built our parliamentary system off of one of them. In the measurement of the risks, if we see this being conducted right now and we know it's getting worse and, instead, we talk about it more and not change anything until maybe some time later because we're concerned that a volunteer going home with a poll sheet is somehow going to be subjected to some arbitrary penalty, that is of course not the breach that the Privacy Commissioner and the Chief Electoral Officer are concerned about. They're really not.
For a government that loves consultation—sometimes you don't listen, but whatever; you hit the consultation button a lot—to say you're not into consultation now with people who we trust, Elections Canada, the Chief Electoral Officer, the Privacy Commissioner, on millions of decisions that affect the way that our democracy.... We trust these guys.
In that weighing of risks, I can't see how the perversion of an election from inside or outside forces, which is everything, versus a volunteer getting caught out with a poll sheet, imagining the day that the Privacy Commissioner is going to hammer that volunteer—they are incomparable to me.
You can tell I'm pleading with my colleagues to say this is a prudent step forward. We have 10 or 11 months until the writ drops. What are we able to put in place before 2019? We have somewhat limited scope in these consultations because they have to go to this committee, as is referenced in the amendment.
Let me anticipate. The parties will not be jumping over themselves to slam down and agree to PIPEDA for 2019. Let me guess at that right now. They've been so reluctant every step of the way. We have to weigh the partisan interest versus public interest. This is one of those times.
Liberal
The Chair Liberal Larry Bagnell
Do any of the other members who haven't spoken want to speak?
If there are no other comments, we will have a recorded vote.
(Amendment negatived: nays 8; yeas 1 [See Minutes of Proceedings])
(Clause 255 agreed to on division)