Mr. Speaker, I am pleased to speak to Bill S-4, the digital privacy act, which was recently reviewed by the Standing Committee on Industry, Science and Technology.
Bill S-4 introduces a number of important improvements to the Personal Information Protection and Electronic Documents Act that will increase the level of privacy protection for Canadians.
PIPEDA is privacy legislation that has been in place for more than a decade now. Under the law, organizations are expected to apply stronger protection in situations that are privacy-sensitive. As an overriding rule, businesses must limit what they do when it comes to the collection, use, and disclosure of personal information to activities that one would consider reasonable and appropriate in the circumstances.
Not all individuals have the same capacity to understand what is reasonable and appropriate, nor can they necessarily appreciate the immediate or long-term consequences of providing information about themselves to a commercial enterprise. This is particularly true of minors. The range of online activities today's kids engage in is astounding. They take part in multi-player games with people from all over the world. They explore virtual worlds. They join chat rooms and post comments, photos, and videos about themselves and their friends.
Today's kids have grown up with the Internet and digital technologies. Social networks, gaming consoles, and smart phones have always been a part of their lives. When kids interact with their friends and when they play games, more often than not it is through technology.
According to a survey conducted in 2013, more than 30% of grades 4 to 6 students have Facebook accounts. By grade 11, 95% of students have such an account.
Digital technology offers tremendous benefits to children's education, development, and social lives. In today's digital economy, children must be able to safety and securely use network technologies and access the online world if they are to develop the skills they will later need to find jobs in the digital marketplace.
What children may not be aware of is that the information they share in the context of online play or learning can actually have unintended consequences. Online personal information has become an enormous source of revenue for companies. Kids are able to play online games, download and use apps, and talk to their friends at no cost because companies offering these services generate revenue by harvesting and using personal information for profiling and marketing purposes.
This government does not wish to prevent today's youth from fully realizing the benefits of the digital world. The skills they develop through these many online activities will provide them with significant advantages when they enter the job market as young adults. This government fundamentally believes that digital literacy and skills are at the core of what is needed for individuals to succeed in today's digital economy.
However, with an increased online presence comes added risk. Strong protections for children's online privacy are needed.
PIPEDA already contains defences that safeguard the personal information of minors. For example, the act prohibits organizations from using deceptive means to obtain consent. Most importantly, it requires companies to limit the purposes for which they collect, use, or disclose personal information to reasons that individuals would consider reasonable and appropriate in the circumstances.
Bill S-4 enhances these protections by clearly setting out requirements that organizations must meet when obtaining consent. These new provisions will have a positive impact, especially when it comes to the protection and the privacy of children.
The new measure will require organizations to clearly explain why they are collecting information, what they will do with it once they have it, and what the consequences of providing it will be.
What is more, they must provide this explanation in a way that can be understood by the audience they are targeting with their product or service. This means that any business targeting children must pay very close attention.
The amendments in Bill S-4 mean from a legal perspective that when a company is seeking permission to collect, use, or disclose personal information from a group of individuals such as children, it must take steps to ensure that these individuals are able to fully understand what would happen to that information.
In practice, this would mean that the organization's request for information can be easily understood by the target audience. This includes making sure that the wording and language used in the request are age-appropriate. For example, a video game designed and marketed to preteens would clearly need to take a different approach to obtaining the consent of players to collect personal information than a video game marketed to adults.
We heard from a number of witnesses during the committee's consideration of the bill, and the majority were supportive of our government's proposed amendments in Bill S-4 to enhance consent.
The Privacy Commissioner of Canada repeatedly expressed his support for the amendment. This is what the Privacy Commissioner told the committee:
Consent is a big part of PIPEDA, and I think it's useful to have this clarification of what actually is consent. We obviously know that it is a huge challenge for organizations to properly advise individuals of the reasons they collect information and they use it, so any tool that enhances, that provides an incentive for organizations to be clearer, and to take into account the context of the individual or consumer I think helps Canadians.
The commissioner further emphasized:
So, when the individual is a child, if your product is addressed to children, you should think about what is reasonable to expect of a child in understanding the consent being sought. Overall, I think, again, the definition of consent in Bill S-4 will assist generally and will assist particularly groups that are more vulnerable, like children.
Privacy information must be clear to the user. The privacy policy should be specific to whatever service the child is using and not be a one-fits-all privacy policy.
The standing committee also heard support for this amendment from a number of other witnesses, including from business. For example, the Marketing Research Intelligence Association, a national self-regulatory body that represents Canada's survey research industry, wrote in a submission to the committee that it fully supports the enhanced consent requirements of the bill.
The association noted in particular that the amendment provides “added clarity for organizations when they seek the valid consent of an individual” when collecting, sharing, and disclosing their personal information. It went on to say:
We believe that specifying the elements of valid consent will go a long way to protecting the most vulnerable Canadians, such as seniors and children.
Our government has already taken significant action when it comes to protecting children online. We have made important progress to shield our children from online intimidation, cyberbullying, and other similar threats and abuse through amendments to the Criminal Code of Canada that were passed under the Protecting Canadians from Online Crime Act.
The amendments put forward under the digital privacy act build on those actions taken to address cyberbullying and represent additional real and tangible measures to protect Canadians and their families from online threats.
PIPEDA has been in force since 2001. Concerns about the protection of children's online privacy were raised with Parliament in 2007 during the first statutory review of this act. There was general consensus among witnesses that children warrant extra privacy protection, given their particular vulnerability to deceptive and privacy-invasive practices. Indeed, at the conclusion of its review of the act, Parliament recommended that the government examine the issue of consent by minors to determine if PIPEDA should be amended.
Our government heard stakeholder concerns and is responding to the recommendations of committee by introducing enhanced protection for the privacy of minors that is now before the House. This is an important amendment, and along with all other measures in this bill, it should be passed quickly.
The digital privacy act takes real and tangible steps to protect society's most vulnerable individuals. I hope hon. members will join me in supporting this bill so that these new protections can come into force quickly.