A leading expert on personal information law says the Trudeau government is unwilling to hold political parties to the same level of accountability it is demanding of other organizations in its current revamp of the federal privacy regime.
Teresa Scassa, a law professor at the University of Ottawa, says the Liberals are imposing significant new obligations on many organizations, but “they’re simply not willing to hold themselves” and other parties to account as political entities.
The Justice Department recently issued a discussion paper on revising the Privacy Act, which regulates the federal public sector’s collection, use and disclosure of personal data.
The launch of a public consultation follows the tabling of a government bill by Innovation Minister Navdeep Bains that would give people more control over their information in the digital age, with potentially stiff fines for companies that flout the rules.
However, neither initiative addresses calls from the privacy commissioner and accountability advocates who want federal laws governing personal information to apply to political parties.
Information about prospective voters is helpful to political parties for everything from door-to-door canvassing to crafting platforms, and there are new concerns about how parties use such information to track and target people in the era of algorithms and vast databases.
Scassa says the government could ensure federal parties abide by provisions that would require them, for example, to obtain consent to use personal information, report data breaches when they happen and erase personal details upon someone’s request.
“There’s a lot that you could put in there that would dramatically improve the protection of individuals’ privacy, when it comes to political parties,” Scassa said. “They seem completely unwilling to do so. It’s a very significant problem.”
It might be necessary to include exceptions in the law around how parties communicate with voters or espouse their ideas, she acknowledged.
Canadian Privacy Commissioner Daniel Therrien has called for federal laws governing personal information to apply to political parties. (Sean Kilpatrick/The Canadian Press)
But basic fair-information principles can apply, “especially since the kind of information that political parties are now starting to collect and use goes way beyond what used to be the case, and some of them are in engaging in much more sophisticated profiling of people and so on,” Scassa said.
Others calling for explicit application of privacy law to parties include Privacy Commissioner Daniel Therrien and the Centre for Digital Rights, established by businessman and philanthropist Jim Balsillie.
Justice Department spokesperson Ian McLeod said the Privacy Act applies to federal government institutions and federal public bodies, and since political parties are private organizations, “they would not be captured by the act’s scope.”
Asked about the possible inclusion of political parties in federal privacy law governing private-sector organizations, John Power, a spokesperson for Bains, said the 2018 Elections Modernization Act created requirements for political parties to protect Canadians’ personal information.
Parties are now required to have “a publicly available, easily understandable policy” for the protection of personal information, a document that must be submitted to Elections Canada, he said.
Scassa said these provisions fall short of what’s needed.
“A requirement to have a privacy policy without more, without proper accountability and proper safeguards, it’s just not good enough.”
The discussion paper on overhauling the Privacy Act says the government faces the dilemma of updating a decades-old law so that Canadians can benefit from the many promises of the digital environment, while respecting modern expectations about how their information should be used, managed and protected.
Among the changes it proposes:
Give federal agencies greater flexibility to use and disclose personal information that has undergone an established process for removing personal identifiers.
Spell out rights related to public awareness of interactions with automated decision-making systems, such as artificial intelligence tools.
Give the privacy commissioner greater powers to more effectively address complaints and expand the range of matters for which individuals can seek legal remedies.
Definitions of what the government considers to be personal information and publicly available information, particularly in the context of the online world and social media, would be welcome in a revised law, said Tim McSorley, national co-ordinator of the International Civil Liberties Monitoring Group.
McSorley said he would also like to see a rights-based approach to management of personal information, saying it would amount to a profound change by placing privacy rights on a footing with other fundamental guarantees.
In addition, he flags elements of the discussion paper that suggest police and spy agencies could be exempted from certain requirements, given the secret nature of their investigations.
“We could have the strongest possible rules in the Privacy Act, but if it’s full of exceptions for national security and law enforcement, then it doesn’t really go far enough to protect people’s privacy and their information.”
New Brunswick voters have elected a Liberal majority government, tossing out the incumbent Progressive Conservatives after six years in power and handing the reins to the first woman ever to lead the province. Liberal Leader Susan Holt spent much of the campaign rolling out proposed fixes for a health-care system racked by a doctor shortage, overcrowded emergency rooms and long wait-times. She promised to open 30 community health clinics across the province by 2028. (Oct. 22, 2024)
Susan Holt has made history in New Brunswick by becoming the first woman to serve as the leader of the province’s Liberal Party, a significant milestone in the province’s political landscape. Holt’s leadership victory signals a new era of representation, gender equality, and change in the region, which has long been dominated by male politicians.
Holt’s journey to the top has been one of perseverance and dedication. Before entering politics, she built a distinguished career in the private sector, where she held numerous leadership positions. Her experience in business development and public policy has equipped her with the skills needed to navigate the complex world of politics.
In a province where women have historically been underrepresented in politics, Holt’s election represents a watershed moment. Women’s involvement in leadership roles has been steadily increasing nationwide, but New Brunswick, like many parts of Canada, has seen slower progress in achieving gender parity. Holt’s rise to the top of the Liberal Party not only shatters a glass ceiling but also serves as an inspiration for future generations of women aiming for political leadership.
As the leader of the New Brunswick Liberal Party, Holt has laid out a vision of inclusivity and progress. Her policies focus on economic development, healthcare reform, environmental sustainability, and addressing social issues that have plagued the province. She has also emphasized the importance of transparent governance and creating opportunities for underrepresented communities, making her platform both modern and forward-thinking.
Holt’s leadership arrives at a time when many voters are calling for change, especially in the face of challenges like economic uncertainty and the need for healthcare improvements. She aims to bring fresh ideas to tackle these issues while ensuring that all citizens, regardless of their background, have a voice in government decisions.
Susan Holt joins the ranks of other trailblazing women across Canada who have led provincial parties and governments. Women like former Alberta Premier Rachel Notley and Ontario’s Kathleen Wynne have paved the way, and now Holt is contributing to this growing legacy of female political leadership in Canada.
Her achievement highlights not only the growing number of women entering politics but also the demand for leaders who can bring diverse perspectives to the table. In a field often dominated by entrenched traditions, Holt’s election is a step toward a more inclusive and representative political landscape in New Brunswick.
Holt’s leadership signals a broader shift in Canadian politics, where more women and diverse voices are gaining prominence. For young women across the country, her rise serves as a powerful reminder that leadership roles are within reach, even in traditionally male-dominated spheres.
With her election, Susan Holt has proven that perseverance, skill, and a vision for change can break even the toughest barriers. Her leadership will not only reshape New Brunswick’s political future but also inspire others across Canada to pursue leadership positions and continue to challenge the status quo.
NDP Leader Carla Beck has two planned campaign events today, starting the day with an availability in Moose Jaw and then later this evening attending an event in the capital with the Regina Medical Staff Association.
Saskatchewan Party Leader Scott Moe, meanwhile, will speak in Prince Albert at the start of Voting Week in the province.
Saskatchewan residents can vote for five days starting today in the lead-up to next week’s provincial election, although polls won’t be open Sunday.
The NDP and the Saskatchewan Party are urging voters to cast their ballots early.
Voters can find their polling stations on their information cards or by visiting the Elections Saskatchewan website.
Chief electoral officer Michael Boda says there are about 810,000 registered voters in Saskatchewan.
This report by The Canadian Press was first published Oct. 22, 2024.
