Mr. Speaker, I rise today to speak to Bill S-4, which amends Canada's privacy legislation. However, in its current form, Bill S-4 contains measures that will make it easier to access personal information without a warrant.
By proposing to refer this bill to a committee before second reading, the government has decided to take a new legislative route with this bill.
Indeed, the government motion aims to refer this bill to a committee before second reading. This motion will therefore allow members to examine Bill S-4 before second reading and propose amendments that will modify its scope.
We support the motion, because we hope that some of the serious concerns we have about this bill will be examined in committee. We are very concerned about the fact that one provision in Bill S-4 makes it easier for organizations to share personal information without a warrant or consent from the client, and without the appropriate oversight mechanisms in place.
In an article published in the spring 2014 journal of the Ligue des droits et libertés, Stéphane Leman-Langlois, the Canada Research Chair in Surveillance and the Social Construction of Risk at Laval University in Quebec City, gave a very clear explanation of the risks associated with industrial surveillance.
Here is what he had to say in that article:
We easily forget that every second of the day, a myriad of private entities are collecting a mountain of information on us, our habits, our behaviour, and our interactions with others...
A number of commercial entities have to collect basic information on their clients just to provide them with the service they require. A mobile phone could not work without continually indicating its location. The company also has to keep records, for billing purposes, on the calls received and made with the phone...
As you can imagine, this adds up, and after a while can represent massive amounts of data...
The information that metadata can provide about us is absolutely unbelievable. An ongoing experiment at Stanford University, with 500 volunteers willing to share their metadata, has shown that the researchers could determine financial records, health status, membership in the AA, whether the individual had an abortion or owned a gun, and many other things...
Just recently, the spotlight was on certain government intelligence agencies that were deeply involved in the widespread collection of information on Canadians. The agencies in question were specifically the RCMP, the Communications Security Establishment Canada, or CSEC, the Canadian Security Intelligence Service, or CSIS, and the National Security Agency, or the NSA, from the U.S.
Often...these agencies stop collecting or actively intercepting data and simply demand data that has already been gathered by companies...
All this may seem remote from our daily reality...but this activity has a perfectly tangible impact on our lives as ordinary citizens...
The picture being painted by Professor Leman-Langlois of Laval University, should make us realize the importance of the subject being debated today.
However, this is what this same professor and expert in security information had to say on the government's current position:
We can all agree that there is not very much privacy on the Internet, but still, there are some very weak protections in place. However, rather than strengthening privacy, which of course would be the best thing to do, the government is bombarding us with bills that will reduce those protections.
Although Bill S-4 proposes significant amendments to the Personal Information Protection and Electronic Documents Act, such as the obligation to report any breach of security safeguards involving personal information and increased powers for the Privacy Commissioner, the NDP is worried about the negative impact that some provisions of the bill will have on Canadians' privacy rights. The Conservatives have a very poor track record when it comes to protecting personal information, and Bill S-4 will not fix this troublesome past.
In just one year, government agencies secretly made over 1.2 million requests to telecommunications companies for personal information without a warrant or proper oversight. What is more, according to documents we obtained, the Canada Revenue Agency was responsible for more than 3,000 privacy breaches in less than a year. Last month, here in the House, I asked whether the government intended to follow the NDP's recommendation to set up a committee of independent experts to look at how the government uses and stores Canadians' communications data. However, as usual, the government had nothing to say. The Conservatives never gave me an answer to my question. The government should have taken advantage of the opportunity afforded by Bill S-4 to correct the flaws in PIPEDA that led to repeated violations of Canadians' privacy.
In 2012, the NDP introduced Bill C-475. This bill would have added online data protection standards to federal legislation that are similar to those in Quebec's personal information protection act. Quebec's data protection standards would have been applied to all federally registered organizations and to organizations with customers and users in Quebec. The Conservatives opposed our bill, and now they have introduced a watered-down version of the same bill.
The NDP believes that Canada needs to require mandatory reporting of the loss or breach of personal information based on objective criteria, as proposed in Bill C-475. The NDP also wants to remove the provisions from Bill S-4 that allow organizations to disclose personal information to other organizations without the consent of Canadians and without a warrant.
In order to truly protect Canadians' privacy, deterrents should be put in place to encourage or force private companies to abide by Canadian laws.
That is what the NDP is proposing, and we hope that the government will listen to us in committee, because that is what we are asking for. We think we need to get to the point, and that is why we are here. If this is not done properly, we would certainly need a committee of independent experts. As I said, I think the solution is there, but as we have seen too often, the Conservative government cuts corners and we end up with something like this.
I will now take questions.