Thank you, Mr. Chair.
Thank you to our officials for being here today.
I'll start with my notes. In the last meeting, I did introduce Conservative amendment CPC-1, which would amend the preamble to include “fundamental right to privacy” and include text that would state, “the processing of personal information and data should respect minors’ privacy and their best interests”.
This subamendment clearly deletes the “best interests” clause. I will note in good faith that later on in the amendment process, there is universal agreement on the fundamental right to privacy. My real concern here is the second phrase that's being deleted: “respect minors’ privacy and their best interests”.
I put forward this amendment because it was one of the key recommendations tabled by the Office of the Privacy Commissioner. In the Office of the Privacy Commissioner's submission, they recommended the following, in addition to putting in “fundamental right to privacy”, which I think there's unanimous agreement on at this committee:
The preamble should also reflect the importance of protecting children and minors. Jurisdictions around the world have recognized that children and minors may be impacted by technologies differently than adults, be at greater risk of being affected by privacy-related issues, and therefore require special protections.
The Office of the Privacy Commissioner also said:
Updating the preamble in such a manner would encourage organizations to build privacy for children into products and services, from the start and by design. Since Canada’s privacy laws were designed to be technology neutral, this would help ensure that the best interests of children will be considered for new and emerging technologies, and for future uses of data.
It went on:
...adding the proposed language to the section that frames the legislation’s intent would help ensure that the best interests of children and minors are prioritized and consistently considered across all the related [bills].
I believe the law should recognize the rights of the child and the right to be a child. Taking into consideration the push-back on this language from the government—and some of the comments made by you, Mr. Schaan, at our last committee meeting—I hosted a meeting with the Privacy Commissioner yesterday to ask him to further emphasize the importance of including this language in Bill C-27. I will note that Mr. Masse joined me at that meeting. In having this important meeting, the commissioner gave some key insights as to why it is crucial to keep the “best interests of the child” language within the preamble.
Mr. Schaan, at the last committee meeting, we heard that the term “best interests of the child” was a subjective construct. After speaking with the leading experts in this field, I have to say that I don't agree with your interpretation and the way you phrased that term.
Can you provide us with the legal opinion that led to you making that statement on behalf of the department at the meeting?