Mr. Speaker, it is a pleasure to speak in the House tonight on an issue of grave importance, the protection of personal information. I am pleased to participate in the debate on Bill C-315, an act that will help to protect the privacy of Canadians. Since Bill C-315 was last in the House much has happened on the issue. Several groups have called for federal government action to protect the personal information of Canadians.
First, the Canadian Standards Association has expanded on its voluntary privacy codes and its desire for implementation of those codes.
Second, the Public Interest Advocacy Centre based in Ottawa released a document entitled "Surveying Boundaries: Canadians and their Personal Information".
Third, the Information Advisory Council established by the Minister of Industry continues to push for recognition of its privacy recommendations.
The protection of personal information is a serious concern for all Canadians. If we do not begin to address the unauthorized collection and exchange of personal information about unsuspecting Canadians now, we may not be able to stop it at all in the future.
Bill C-315 gives us the opportunity to counter the invasion of personal privacy before it gets out of control. New technology and
universal access to the Internet have accelerated the problem and immediate government action is critical.
I quote from The Economist :
Individually, most new technologies are introduced for perfectly benign motives. Their cumulative effect, however, is to cast a shadow over personal privacy. Is it really acceptable for most of your actions, even the most mundane, to be recorded and then sold to the highest bidder? Most people take their privacy for granted but are outraged when it is breached.
The growth of computer technology makes tasks easier for Canadians, but at what cost? I am very concerned that Canadians have their privacy compromised every day without their knowledge. Companies routinely collect information about them every time they use a credit card, buy something over the phone or subscribe to a magazine.
An Industry Canada paper released in October 1994 stated:
While each technology brings different capabilities, they all contribute to a completely unprecedented capacity for the surveillance of every man, woman and child, whether as a customer, student, employee, patient, taxpayer, or recipient of government services. It is this growing trend for information systems to place limits on our freedom, on our life's potential, that privacy advocates and science fiction writers alike find utterly chilling.
Just what will Bill C-315 do? It specifically tries to curb the collection and exchange of personal information. This could include names and phone numbers, business addresses and phone numbers, any identifiable physical characteristic, religion, national or ethnic origin, age or other information about education or financial history. The information is recorded in many ways: electronically such as on a floppy or hard disk, manually on paper or microfilm, or virtually such as in computer memory or an electronic network.
Bill C-315 would require all companies covered by the Canada Labour Code to abide by some very strict privacy protection guidelines. Before selling any list containing an individual's personal information, the person would be sent a notice that, first, personal information about the individual as listed in the notice is held by the company; second, permission is needed to keep the person's name on the list; and, third, the person shall be told his or her name can be removed at any time at no cost.
In addition, any corporation using a purchased list shall send to everyone on the list a notice containing the source of the information, a description of the information held and a statement outlining how individuals can have their information removed. Companies receiving a removal request must comply within 10 days and confirm with the individuals that their requests have been acted on.
Non-compliance will result in a summary conviction. For a first offence a company or individual would face a fine of up to $5,000. A repeat offence could double the maximum fine to $10,000. Charges would have to be laid within one year of the offence.
The member for Cariboo-Chilcotin who introduced the bill would be amenable to increasing the sentences if the industry committee studying the bill believed that they are too weak. It might also look at strengthening the bill to prevent the rental of information lists.
In September the Canadian Standards Association released a set of privacy codes after wide consultation with several agencies and associations. It sought to develop its code at a time when there was growing debate about the range of innovative approaches to the protection of personal data on the information highway.
There is one big problem with the code. Adherence is strictly voluntary. While the code may be good, it is merely a band-aid solution and has no teeth to protect consumers from greedy companies with no regard for their personal privacy. By the association's own admission none of the codes has any explicit statutory force in contrast with the privacy codes developed under the mandate of legislation and the oversight of a data protection agency.
In addition, the association also admits that ultimately the success of the CSA model code will depend on the various incentives that might operate to encourage registration. Several are noted and discussed: moral suasion, the desire to avoid adverse publicity and the use of the privacy standard for competitive advantage.
Is this realistic? Companies that profit from a $300 million a year industry will hardly be overcome with moral suasion or a concern about adverse publicity. While the CSA code may convince some organizations to operate more responsibly, most organizations will only use it when it is convenient for them or if they must comply.
The CSA notes that in New Zealand and the Netherlands where privacy codes have been complemented by statutory regulation, there is more effective protection of their citizens. In Canada combining the CSA's code with the legislative teeth of Bill C-315 will provide consumers with real privacy protection.
The Public Interest Advocacy Centre is a non-profit group that is also focused on the protection of personal information. In a recent paper it investigated whether there is a problem. It found that 76 per cent of Canadians believe they have less control over their personal information than they did 10 years ago; 95 per cent of Canadians want to be informed about collection processes and about the uses to which their personal information may be put; 94 per cent insist permission be sought and given before any informa-
tion is passed on to another organization; and 86 per cent want to understand how new technology can affect their personal privacy. It is clear from the research done by the organization that Canadians are very concerned about their privacy.
Bill C-315 would establish statutory protection without the requirement for any new taxes. It is the missing link advocates are calling for. The member for Cariboo-Chilcotin has assured me he would support changes the industry committee might suggest when it examines the bill. We must act soon. Every day we dawdle, more personal information about private citizens will be collected and sold.
I conclude with a quote from a book called "A Consumer's Survival Guide to a Cashless World":
As consumers we often feel powerless to change the status quo, but public pressure can succeed when enough people get excited about practices they feel to be wrong or unfair. The only way it will change is for us as consumers and citizens to demand fuller disclosure, stronger privacy protections and better security procedures.
We can wait no longer. Consumers and citizens want and need to see changes to the rules that protect personal information. Bill C-315 is an answer to a concern that each and every member of Parliament shares with his or her constituents. I urge the House to support the bill so we can begin to protect the personal privacy of all Canadians.