Mr. Speaker, I am pleased to rise today to speak to Motion No. 426, which deals with Bill C-27. For those watching who do not know Bill C-27, it is the government's piece of legislation to update our privacy laws and introduce a new act on artificial intelligence.
As to the purpose of this motion, even though the bill went through second reading and is now awaiting study at the industry committee, we are asking that the bill be split in three, because it really is three separate bills. The first bill, as my colleague from Bay of Quinte just mentioned, is the part of the legislation that deals with updating the Privacy Act, including all of the privacy terms for protecting an individual's privacy and protecting the rights of others to use someone's privacy, that is, how they can or cannot use it. The second piece of the legislation would create a new agency called the privacy tribunal. It is really a separate piece of legislation. In fact, it is classified as a separate piece of legislation, an act within this act. Then the third piece is the artificial intelligence and data act.
It really is three pieces of legislation in one bill, and that is why we have moved this motion asking that the bill be split in three. It is a massive 120-page piece of legislative change impacting every person and every business in this country. It deserves to be studied as three separate pieces, and members of the House of Commons deserve to vote separately on those three separate pieces of information.
I will start with the first piece, which is the privacy piece. We talked at second reading about the difference between our views on the purpose of this bill, this act, and the government's views. The government made the claim that this bill was making greater steps toward protecting the personal information of the individual, yet that is not what the bill does.
Clause 5 is the purpose section, the most important section of any bill that sets out what the legal structure or purpose of legislation is. It says that it tries to balance the protection of personal privacy with the rights of businesses to use people's data. It puts business interests on a par with individual privacy interests. As my colleague from Bay of Quinte just said and as I said in my second reading speech, that is a fundamental flaw of this bill. The Privacy Commissioner has already spoken out about it.
There has been discussion about whether privacy is a fundamental human right. There is language on this in the preamble, but the preamble of the bill has virtually no legal impact. It says that privacy is among the fundamental rights people have, but it is not in the purpose section. We have been seeking and will be seeking a broad discussion at committee on that issue and the legal implication of it. The purpose section of the bill, clause 5, should say that the protection of personal privacy is a fundamental right. It is not balanced between business needs and individual needs but is a fundamental right.
That is important not only for the reasons that I just outlined, but because further down, clause 18 of the privacy part of the bill creates a concept called “legitimate interest” for a business. Clause 17, just prior to that, lays out that there has to be the express consent of an individual for a business to use privacy data, but clause 18 goes on to say that there is a legitimate interest for the business to not care about an individual's express consent. In fact, it lets a company say that if something is in its legitimate interest as a company, even if it causes individuals harm, it is okay for it to use their data for something that they did not give permission for. It says that right in the legislation.
This is a fundamental flaw of a bill that pretends to be protecting people's fundamental privacy rights. It in fact protects big corporate data and the right of big corporations to use our data however they wish. It does give additional power, which is needed, to the Privacy Commissioner in that, but the second part of the bill then takes it back with the creation of the privacy tribunal.
Maybe the best explanations of the privacy tribunal is to compare it to and understand the way the Competition Act works. There are two aspects to how we decide competition issues and appeals. One is the Competition Bureau that looks at merges and acquisitions, and it says whether they are anti-competitive or not and will rule on that merger. Then there is a Competition Tribunal, like the privacy tribunal as proposed in the bill, which is the legal framework where the law gets done and the battle gets fought between the company that thinks it should do the merger and the Competition Bureau that thinks it should not.
A classic example recently was the Rogers-Shaw takeover. Quite a bit of time was spent both through the Competition Bureau process and the Competition Tribunal process, which ruled whether that sale could happen and then whether an aspect of that sale, being the sale of Freedom Mobile to Vidéotron, could be done.
The government wants to create that kind of process in the privacy law now. It is a separate act that creates this bureaucracy and this appeal mechanism, where six individuals will decide, as a privacy tribunal, whether a company has breached a person's privacy rights. However, out of the six individuals, only three of them need to any familiarity with privacy law. The others do not need any familiarity with privacy law, no familiarity with business, no familiarity with human rights, nothing. They do not need any other qualifications other than, perhaps in this case, they are a Liberal and are appointed to this board.
I have discussed this with a number of law firms since the bill was tabled a year ago. These law firms have very different views about whether this speeds up or slows down the process of dealing with individual privacy law issues. We need to have a separate study within the committee on that aspect. In fact, I have been talking to the chair of the committee about that structure, trying to get the hearings to be set up in a way that looks at these three pieces separately.
The third piece, which my colleague for Bay of Quinte spoke eloquently about, is on artificial intelligence.
Remember, the first two parts of the bill are essentially a modest rewrite of a bill from the last Parliament, Bill C-11, when the government tried to amend these acts and then complained that the bill did not pass, because it called an early election. The Liberals could not figure out why it did not pass. However, the Liberals reintroduced the bill, but then they bolted on this other thing, which has absolutely nothing to do with the first two parts.
The third part is called the “artificial intelligence act”, but it has nothing to do with the privacy of individuals and it has nothing to do with the appeal of a person's privacy. It is all about how to regulate this new industry, and it gets it wrong. The government is basically saying that its does not know what artificial intelligence is, which is not surprising for the Liberals, but it is going to regulate it. It is going to define it in regulation, and the minister is going to be in charge of defining it. The minister is going to be in charge of setting the rules on whether the law has been breached. The minister is also going to be in charge of fining someone who has breached the law of this thing the government cannot define. It is a total usurping of Parliament. The Liberals are saying that they do not know what it is, but we should trust them, that they will never have to come back to Parliament to deal with this again.
We are asking the House to split the bill into three, because it really is three separate pieces of legislation. The government would have more success in its legislative agenda if it actually brought in these pieces properly, individually, rather than a mini-omnibus bill of different types of issues. Then they could be properly studied, properly amended, properly consulted on and properly dealt with by Parliament. The government is choosing not to do that, which is why it is having such poor legislative success in all of its efforts to date.