Madam Speaker, I am pleased to address the motion presented by the hon. member for Skeena regarding the Privacy Act.
I do believe that privacy implications in the new age of technology are important considerations. There was a story in the media not too long ago about a woman whose tax information was publicly released because she had filed a complaint. In a subsequent federal court of appeal ruling about her case, the court struck down the disclosure rules that said such personal information could not be released regardless of the case.
This was a prudent decision by the court and it demonstrated the importance of privacy and protection in this day and age. In the decision there was no compensation provided to the woman whose privacy was inappropriately violated. I believe this is appropriate. It is on this point that I think the hon. member's motion is flawed.
The member calls for legislation that sets out a compensation provision for those whose privacy is violated. I believe that such an act would lead to large complications in terms of legalities. This could very easily create a paradise environment for lawyers.
To a greater degree, how does one determine or define injury as a result of a breach of privacy? Does an improper disclosure of one's personal information warrant financial compensation? I do not think in the vast majority of cases where disclosure occurs that the person requires financial reward because of such breach.
I do agree with the hon. member that there are weaknesses in the Privacy Act. For instance, I believe we need to pay greater attention to the implications of personal and corporate privacy in the rapidly advancing information age in which we live. I am not sure that the Privacy Act in its current incarnation can fully address the need for protection in cyberspace and beyond. This is an area on which I believe we must place more emphasis.
I do not think the member's motion is particularly focused on this area. In a world where information is so readily and speedily available, I think it is vital that the Privacy Act be able to respond to breaches of privacy in this area much as it currently does in terms of government not being able to disclose one's tax return and so on.
As for the second part of the motion concerning punishing those who breach privacy concerns, I think there may be more weight to this section. I doubt that anyone would disagree that it is important to ensure there are proper protections in place to discourage and to punish those who wilfully violate the privacy of another.
I again wonder what sort of approach the member would like to take on this issue. How do we define a punishment when it is next to impossible to define injury in a case like this? I would think that if sufficient damage was done, the individual would have the recourse of a libel suit or another civil pursuit.
At this level I do not think we necessarily need to bring in legislation as the member has suggested. Instead I believe it would be worth looking at more specific and in depth issues of privacy from the framework of technology and the exchange of information. This is where people need the most protection at this time, where personal information can travel broadly without even the knowledge of the person affected.
On this point I believe the member has a valid argument that perhaps a parliamentary committee should be struck to thoroughly investigate ways in which we can strengthen the protection that Canadians need in ensuring that their personal information remains just that, personal.
Again I return to the fundamental flaws in the member's approach to seeking greater privacy protection. It would be quite dangerous to firmly set out penalties and rates of compensation for the acts referred to in the motion. It sets up a legal framework for convicting offenders after the fact whereas what is most needed are preventative measures.
I believe the Privacy Act in its current state addresses most of the issues for which it was intended but I can agree with the motion that perhaps we could tighten it up to ensure there are no gaping loopholes as there were in the tax case referred to earlier. Whereas the most confidential and private of personal information is controlled by the government, there need to be virtually foolproof mechanisms in place to guarantee that John Doe's tax return does not end up in the public domain because he chooses to challenge it. This is a very important responsibility of the government and one that must be maintained and met.
Although I agree that some improvements need to be made in the Privacy Act and that it should be a concern and perhaps priority of the House to visit the privacy issues in greater detail, my colleagues and I cannot support Motion No. M-19 because it seeks to create a legal reference point that overlooks the larger issue.
As members we cannot reasonably determine what price tag to put on somebody's compromise. That is an area that the courts must define. What we can do is strengthen and tighten the framework of privacy protection by responding to the more minute details that are perhaps overlooked at the present time.