Law Professional Corporation

The Federal Liberals Revive Privacy Bill

The 2022 Digital Charter Implementation Act is expected to direct consumer privacy, data protection, and artificial intelligence.

Author / Sukhi Dhillon Alberga
Posted / June 21, 2022

Innovation Minister Francois-Phillipe Champagne reintroduced a revised version of Bill C-27 on June 16, 2022. The bill, also known as the Digital Charter Implementation Act, 2022, was tabled in late 2020. The bill will propose to include three acts: Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act, and Artificial Intelligence and Data Act.

The privacy legislation provides Canadians with more control over their personal data, provides fines for digital platforms that are non-compliant, and gives a set of rules for the use of artificial intelligence. The bill is to strengthen privacy protections for consumers and provide fair competition in the online marketplace. [1]

Under the bill, a new Consumer Privacy Protection Act will limit the information companies can collect on minors and consumers will have the ability to request digital platforms to delete their data permanently. Canadians will be able to move their information from one organization to another in a secure manner. Individuals will have control over their personal information and how digital platforms handle their data. [2]

The legislation will give the Privacy Commissioner of Canada order-making powers to motivate compliance through the new tribunal. Non-compliant businesses depending on the seriousness of the offence could face a fine of up to five percent of their global revenue or $25 million, whichever is greater.[3]

The bill proposes a new Artificial Intelligence and Data Act that will provide rules around the creation and deployment of new AI systems. An AI and Data Commissioner would be created with powers to order third-party audits of AI tech businesses’ activities. The Act will outline criminal offences and penalties for use of illegally obtained AI data, use with the intent to cause substantial economic loss, and the “reckless” deployment of AI.[4]

It is anticipated that the bill will likely be debated in the fall.

In my humble opinion, this bill is highly needed, especially in light of the amount of contribution and technological advances Canada has made in recent years. Some may argue we have lagged in this area compared to Europe, the US, and other countries.

However, it is never too late to provide much-needed governance in the digital and AI space. Both consumer protection and guidelines for innovators will further contribute to the advancement of the technological industry in Canada because they will create public confidence and responsible governance. Its effectiveness will remain to be seen, but there is no doubt that the proposed bill will be debated from all aspects come fall.

Footnotes

[1] <online:https://www.canada.ca/en/innovation-science-economic-development/news/2022/06/new-laws-to-strengthen-canadians-privacy-protection-and-trust-in-the-digital-economy.html>

[2] Ibid.

[3] Ibid.

[4] Ibid.

 

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