Ethics committee calls for privacy law improvements, more oversight of social media platforms

The House of Commons privacy and ethics committee tabled a report on Thursday, Dec. 5 calling for improved oversight of social media platforms to protect Canadians’ data and ensure online safety. The report – issued after a year of study – lists several recommendations for the government, including amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA), educating Canadians about digital literacy, and compelling social media platforms to report on their safety initiatives and steps taken to combat disinformation. The House has 150 days to respond. The report proposes amending PIPEDA with rules that limit the amount of information companies can collect about their users. It cited statements given by experts such as Canada research chairs Emily Laidlaw and Anatoliy Gruzd, as well as Thompson Rivers University professor Matt Malone. During his Nov. 27, 2023 appearance before the committee, Gruzd explained that online platforms often collect more data than necessary by default. While the privacy concerns raised around TikTok at the time (before the federal government said this fall it would force the company to shut down its Canadian offices) are valid, they are not limited to any single platform, he said, calling for measures that force companies to implement privacy by design and by default into their platforms. Privacy by design refers to the principle that organizations should make privacy protection a priority from the start of developing their products or services, meaning users should not be required to take any extra steps to protect their privacy. The committee also said Thursday it wants Canada’s privacy commissioner, Philippe Dufresne, to have the power to make binding orders and impose fines on companies found violating the law. If passed, Bill C-27 – the proposed digital charter implementation act – would grant the commissioner the authority to issue binding orders. However, the power to directly impose fines would rest with a newly formed privacy tribunal. READ MORE: - Two years in, balancing change and privacy the main task for Philippe Dufresne Other changes to PIPEDA recommended in the report are to add explicit rules around the transfer of Canadians’ personal data outside the country, and for specific obligations when it comes to children’s personal information – including appropriate consent measures and an explicit right to delete their information. Currently, the law has no explicit rules regarding the personal information of minors, the report notes. The proposed consumer privacy protection act, contained within Bill C-27, would classify that information as sensitive, it adds. Beyond PIPEDA, the report suggests the government adopt rules similar to those in the European Union’s Code of Practice on Disinformation. Such a measure would require large online platforms to regularly report on their trust and safety activities in Canada. Those reports would be available to the public through a transparency database. The committee also recommends requiring companies to provide Canadian researchers and journalists with access to their platforms’ data. In response to testimony from several experts that the cybersecurity resources available to the RCMP are not able to keep up with demand, the report recommends increasing funding to the agency so that it can more proactively combat online harms. Finally, the committee report recommends improving digital literacy for Canadians, citing calls from privacy commissioner Dufresne and privacy lawyer Sharon Polsky to include it in school curricula across Canada at an early age. READ MORE: - Facebook looks to take privacy fight to Supreme Court of Canada - Watchdogs find deceptive privacy practices across majority of websites, apps studied Liberal MP Iqra Khalid (Mississauga—Erin Mills, Ont.), who had introduced the motion that led the committee to its study, spoke to reporters after the report was tabled. “What this report was really all about was building consensus and finding ways to collaborate between all levels of government, social media platforms, and individual Canadians to ensure that we are providing the safety of everybody as we use these tools…,” she stated. Khalid highlighted the importance of social media companies having a “touchpoint” in Canada, despite the government’s decision to force TikTok to shut down its Canadian offices. “One of the things that I've advocated for is not just Tiktok, but all social media platforms, have a Canadian office,” she said. Although she said these touchpoints are important, she also noted in a committee meeting on Nov. 21 that TikTok should still be subject to Canadian privacy laws “regardless of where TikTok operates.” “I'm not sure whether it's accurate that, once they leave the country, they would no longer be under Canadian jurisdiction, because there are a lot of companies that operate in Canada that don't have headquarters in Canada but are still bound by Canadian laws," she said at the time. phalentm@thewirereport.ca

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Ethics committee calls for privacy law improvements, more oversight of social media platforms

Regulatory | By Phalen Tynes-MacDonald | December 5, 2024

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Regulatory |
By Phalen Tynes-MacDonald
| December 5, 2024