Mr. Speaker, It is a pleasure to rise today and highlight the measures our government is taking to protect the privacy of Canadians.
As members of this House are aware, the Personal Information Protection and Electronic Documents Act, PIPEDA, has been in force since 2001. I would like to focus my comments on one area in particular, and that is the role of the Privacy Commissioner of Canada in promoting compliance with PIPEDA and increasing accountability among organizations that collect, use, or disclose personal information.
First, let me begin with a bit of an explanation of how the act works when it comes to compliance. Under PIPEDA, the Privacy Commissioner serves as an ombudsperson. Individuals who feel their personal information has been improperly handled by an organization have the right to complain to her office.
The commissioner has the power to investigate, enter premises, compel evidence, mediate a settlement, make recommendations, and publish the names of those who contravene PIPEDA. In short, the privacy commissioner investigates complaints and works with companies to make sure they comply with the act for the protection of all Canadians. The commissioner has a range of powers, but as an ombudsperson, takes a co-operative and conciliatory approach wherever possible. This encourages the resolution of complaints through negotiation and persuasion.
At the conclusion of an investigation, the commissioner releases a report of findings that outlines whether or not the organization in question has contravened the act and whether or not the complaint was resolved. This report also includes notice of any action taken or proposed to be taken by the organization. It may also include reasons why no action was taken.
Under PIPEDA as it now stands, the commissioner or individuals can apply to the Federal Court for a hearing on any matter related to the original complaint within 45 days of the commissioner's report. The court has the authority to order the organization to change its practices. The Federal Court can also award damages to Canadians when their privacy has been violated and they have suffered from some form of harm as a result. That is how compliance currently works.
However, as technology has evolved, we as members of this House must ensure the commissioner is able to hold organizations more accountable for their handling of personal information for the protection of Canadians and their privacy. It is for that reason that our government has proposed increased power to enable the Privacy Commissioner to better do her job. It is clear from the remarks from the Privacy Commissioner of Canada that our government is on the right track.
Before our government tabled Bill S-4, she said, “I welcome proposals...” in this bill. This bill contains “...very positive developments for the privacy rights of Canadians”.
We work with the Privacy Commissioner of Canada, we protect the best interests of everyday Canadians and we make sure that we move forward to modernize our digital privacy laws. This is why we are proposing this bill, which includes three important changes to keep companies accountable when dealing with Canadians' personal information.
First, we want the commissioner to have the authority to negotiate compliance agreements.
Second, we want to extend the length of time the commissioner or individuals have to bring matters before the court. Instead of the very limited time of 45 days, we would extend that timeframe to one year.
Third, we want to give the commissioner greater power to name and shame organizations that are breaking the rules.
Let me describe each of these changes in a bit more detail.
Going to court to resolve a dispute can be costly both for the organizations implicated and the Office of the Privacy Commissioner.
A compliance agreement is a powerful tool that provides an alternative to taking an organization to court. These are voluntary but binding agreements between the commissioner and the organizations that recognize they need to take action to improve their privacy practices.
These agreements benefit both sides. They can provide an organization with certainty and clarity about what specific steps they need to take, and a specific timeline to ensure they are compliant with the rules. These binding agreements also give the organization the certainty that it will not face court action by the commissioner—