Mr. Speaker, the brilliant presentation made by the hon. member for Abitibi—Témiscamingue is going to be a tough act to follow. After hearing his speech and that of my colleague, the member for Marc-Aurèle-Fortin, one might think that there is very little left to explain about this bill. However, since I am a very resourceful person, I did find something to add to this debate.
This is a very interesting discussion, particularly considering the ever increasing use of new technologies. For example, 15 or 20 years ago, online purchases accounted for a very small percentage of transactions, but they are now exploding.
As my colleague for Abitibi—Témiscamingue mentioned earlier—and I am going to refer to his comments throughout my speech because, again, he made a brilliant presentation—it is even possible to order a pizza with a credit card. Considering all the means that we use, one can see the situations that could lead to identity theft, given the personal information that must be provided to make the transaction. For example, in the case of a credit card, a signature is required. If an individual appropriates someone else's identity, he can do really despicable things in terms of fraud and theft.
Earlier, I referred to online shopping, which is expanding at an incredible pace. I must say that I personally make great use of new technologies. I am not the only one. People may be too naive or ill-informed. For example, because it is on the Internet and some business logos seem to guarantee the safe use of credit cards, people trust these sites, without even double checking and trying to find out which company provides that guarantee of security, or to determine whether there are indeed firewalls to prevent theft.
Unfortunately, we realize all too often that Internet sites are not safe enough to make purchases without any concern. There are of course good systems that can do the job but, unfortunately, they are not used enough and this is why we need legislation like this bill.
Despite the fact that the Bloc Québécois has been talking about this issue for years—and I am thinking of the member for Hochelaga and the work that he did in this regard at the Standing Committee on Justice and Human Rights—the government was, as usual, slow to act. But at last it did propose a bill which, all in all, made a lot of sense. There was not a lot to add to it. It was almost perfect. It only needed some fine tuning.
Earlier, I mentioned that identity theft is quickly becoming a major problem. The hon. member for Abitibi—Témiscamingue said that it represented close to $50 billion annually. I think we all agree that this is not peanuts.
For the past few minutes, I have been talking about credit cards, but there are many other examples. There is the theft of a debit card PIN number and, later on in the bill, there is even a reference to retina image. As we can see, for once the government is trying to get a bit of a lead over technologies, even though it had a very hard time to do so.
We can also see that identity theft can go very far. It is no longer merely about having someone else's social insurance number, as was the case some 30 years ago. Today, there are so many tools, whether they relate to payment options or communications, among others, that the amount of personal information that can be stolen has increased significantly.
Let us take for example the social networking site Facebook. This is a new technology that has been in place for a few years already.
These sites are very widespread. What is available on these social networking sites? People can enter their name, address, date of birth, telephone number, and so forth. This is a mine of information for identity thieves who collect it online and use it for nefarious purposes.
I am not opposed to these social networking sites, far from it. They have their place, but it is easy to see how people can sometimes naively put information on the Internet thinking it will only be used for good purposes. Unfortunately, this is not always the final result. People with evil intent can take advantage and use the information against the owner. It is very sad.
It is worthwhile taking some time to explain this to the people watching us. I can never say often enough how important education can be as a tool in the fight against identity theft. We have an excellent tool here in this bill, although not much will be achieved if we fail to add public education and awareness to it.
I just mentioned Facebook. When we use other online tools, for example, MSN Messenger, they make the effort to remind us not to give our PINs or credit card numbers to just anyone without protecting ourselves and knowing to whom we are giving them. We have to be very cautious. People should be reminded, therefore, to be very careful in this regard.
Even if we are very cautious, as I myself usually am, sometimes mistakes are made, and that is where this bill comes in. I want to use myself as an example to show how easy it is for anyone to be taken in. Once this summer, when I used my debit card it was cloned. This is not confined, therefore, to particular classes in society. Everyone is affected. Anyone in the modern world can have his identity stolen without even realizing it. I will not give the name of my bank, so as not to make people jealous, but thank heavens that it moved quickly to contact me and block this fraud.
Perhaps I can remind people what identity theft is. It is deliberately assuming the identity of another person, generally in order to commit fraud, such as accessing the finances of that person, or committing some crime or infraction anonymously. Almost all these definitions refer to the illegal use of the personal information of another person. This information is obtained in various ways, ranging from direct, not necessarily illegal activities such as searching garbage pails to very sophisticated phishing techniques.
The other ways of getting personal information are the theft of ID cards or credit cards, the redirection of mail, by false pretences such as pretending to be authorized to obtain certain information, and the use of devices to collect information from credit cards or PINs. When fighting crime, we must always be aware that our adversaries, the criminals, are very ingenious and innovative.
Being enormously interested in this subject, I have watched a lot of documentaries, particularly on how this works in the United States. Canal D screens some very good documentaries to provide a little education, to engage in prevention and to remind the public to be vigilant. These documentaries show how people are able to put false tops on the usual boxes where we enter our PINs. These people manage to put another little box—that looks like the original—right on top of the box, and it can record the codes we enter. Once they have our debit card numbers, it is no problem to clone our cards.
Some of the other ways to procure personal information include the loss or theft of a personal computer or other data storage devices containing confidential information that could be re-used to commit fraud, and the complicity of an unscrupulous employee working within an organization.
To get back to the bill, the Bloc Québécois is in favour of it, and like other parties in the House of Commons, we would like to see it studied quickly. The faster this bill is studied, the faster it can be passed and the faster we can start taking action against this crime which is claiming more and more victims.
As I was saying and can never say enough, this is not strictly limited to one class of society or one group of people. Everyone in Canada is a potential victim of fraudulent identity theft at any time of day or night, and at any time of year.
However, the battle against identity theft also requires coordinated action by the various levels of government. The Bloc Québécois acknowledges that amending the Criminal Code will not be enough to resolve the problem of identity theft. Other measures will have to be introduced by the government, as I was saying earlier, to educate the population, raise its awareness and increase its vigilance.
There is the matter of regulation so as to provide an improved management structure, for example the storage, disposition and other use of information by companies. I was saying earlier that when we make purchases on the Internet, for example, we agree to provide companies with our credit card numbers. So it is absolutely necessary to educate the population to be curious about the company to which we are giving our credit card numbers. We have to do some research to find out if it has a history, if it has had problems with data storage before, or if it has been a victim of theft in the past. We may have trusted a company enough to provide it with our credit card number, but if the company itself is a victim of personation or theft, then we have a problem which is not necessarily our fault or the fault of the individual or the company. So it is really necessary to be informed, to pay attention and to be vigilant.
There are also measures that target the uniformity and enhanced security of processes for issuing and verifying identity documents. Unfortunately, the federal government has a bad track record on personal information management, but that is another subject. So the bill aims to combat identity theft and the unauthorized collection and use of personal information, usually for criminal purposes. A person's name, date of birth, address, credit card number, SIN or social insurance number, and any other personal identification number can be used to open a bank account, obtain a credit card, forward mail, subscribe to a cellular telephone service, or lease a vehicle. So one can see the full scope of the crimes that can be committed using personal identification numbers or personal documents.
The bill thus creates three new basic offences, all of them liable to a maximum sentence of five years. It refers to obtaining and possessing identity information with the intent to use it in a fraudulent, dishonest or misleading way as one element of a crime.
There is trafficking in identity information. There is also another offence. For example—and to be sure, I would never do this, Mr. Speaker—people can clone debit cards and take money out of their victims' bank accounts. One need not go that far to be a criminal. I could simply take another person's information, possess it and transfer it to someone else who would use it illegally. The middle man between the criminal and the victim would also be punished. I would like to reassure the House once again that I have no intention of stealing anyone's debit card.
This bill will create another offence: illegal possession of or trafficking in government-issued identity documents that contain information about another person.
Further amendments to the Criminal Code include creating a new offence for redirecting a person's mail or causing it to be redirected; creating a new offence for possessing a counterfeit Canada Post mail key; creating additional forgery-related offences, such as trafficking in forged documents and the possession of forged documents with the intent to use them; redesignating “personation with intent” as “identity fraud”—this adds clarity to the legislation; clarifying the definition of “fraudulently personating another person”; and adding the offence of possessing instruments for copying credit card information to the existing offence of possessing instruments for forging credit cards.
Consequently, if a person has tools to forge credit cards, that person is considered to be a criminal. However, now, simply possessing information will become a criminal act.
The bill also introduces a new power that would enable the court to order the offender, as part of the sentence, to make restitution to a victim of identity theft or identity fraud for the expenses associated with recovering the stolen identity, such as the cost of replacement documents and cards and costs related to correcting their credit history.
For victims of identity theft, it is not just the financial loss that presents a problem, but the whole process of taking back their identity, which can be very expensive, long and painful.
I said earlier that when it happened to me, my bank acted quickly and I was not out of pocket. But the problem is that you have to be able to find all the information you have lost, which can be an extremely long process. The average person simply does not have the time to go looking for all that information. It can be extremely difficult for a person to obtain a new SIN, cancel and reactivate credit cards and deal with all the complexity and the paperwork involved.
The bill provides for two exemptions that would protect individuals who make false documents for covert government operations against prosecution for forgery and would allow public officers, that is law enforcement officers to create and use covert identities in the performance of their duties.
As I said, identity theft is an extremely serious problem. According to the Minister of Public Safety, identity theft is one of the fastest-growing forms of crime in Canada and the United States. In 2004, the costs associated with identity theft were close to $50 billion, as my colleague from Abitibi—Témiscamingue mentioned. Identity theft is costly not only for the consumers who are duped, but for the banks and businesses that find themselves with a problem. If a fraud artist buys $2,000 worth of merchandise from a business that then discovers that the credit card used was falsified, this will create a huge problem for the business, which cannot afford the financial loss due to theft.
In 2002, the Canadian Council of Better Business Bureaus estimated that consumers, banks and credit card companies, stores and other businesses lost $2.5 billion because of identity theft.
As I said, the Bloc Québécois is in favour of passing this bill as quickly as possible. The victims are not just individuals, but businesses as well.