Ottawa unveils new rules on personal data use, AI in privacy bill – National

The federal government is proposing three new laws to give Canadians more control over how companies use their personal data.

Measure C-27, or Digital Charter Enforcement Act, 2022that was introduced by Innovation Minister François-Philippe Champagne in the House of Commons on Thursday, aiming to build on the government’s previous improvement efforts. Canada’s private sector privacy law.

The proposed law includes three new sections around consumer privacy protection, personal information and artificial intelligence (WHO).

It also focuses on protecting children online, government officials told reporters during a technical briefing Thursday morning.

The proposed bill includes the Consumer Privacy Protection Act, which contains adjustments to items introduced in the federal Liberal Party’s earlier proposed 2020 law without become law.

If passed, it would replace the Electronic Documents and Personal Information Protection Act.

The Consumer Act proposes to strengthen Canadians’ control over their personal information and how their personal information is handled using digital platforms. Canadians can request processing of their information when companies no longer need it.

The law also creates stronger protections for minors, including restricting organizations’ right to collect or use information, officials said. It also proposes creating new guidelines for organizations to hold them to a “higher standard” when handling information about minors.

An official said the reformed privacy law would establish “special status” for minors so that they receive “highly protected” under the law. They will have “enhanced” permission to request removal, and parents will have the authority to act on behalf of their children.

Canada’s privacy commissioner will also have more powers under the act, including the ability to order a company to stop collecting data or using its personal information, as well as possibly fine non-compliance with fines of up to 5% of total global revenue or $25 million, whichever is greater, for the most serious violations.

“I think some of the most serious violations probably have to do with what people can do with information related to children, and that’s why this action…will have standards. very strict on companies when they start collecting, using and even storing data related to children,” Champagne told reporters during a press conference Thursday afternoon.

“Yes, we need to give more rights to people to have control over their data, but I think in the case of children, we are all concerned with making sure we protect them well. over and that’s certainly one of the things that this act is doing today. ”

The bill’s Personal Information and Data Protection Act is based on the Consumer Privacy Protection Act, officials said.

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The proposed Personal Information and Data Protection Court Act would authorize the creation of a new court to facilitate enforcement of the Consumer Privacy Protection Act, officials said.

The proposed Artificial Intelligence and Data Act is designed to protect Canadians by ensuring AI systems are developed and deployed in a way that identifies, assesses, and minimizes risks of harm and natural disasters. taste.

As part of this action, a new data and AI commissioner will be created to assist the Minister of Innovation, Science and Industry in fulfilling ministerial responsibilities.

For example, these include monitoring corporate compliance, requiring third-party audits and sharing information with other regulatory and enforcement agencies, the government said.

Furthermore, the commissioner will help map out clear criminal bans and penalties related to the use of illegally obtained data for AI development or where reckless AI implementation causes. serious harm and where there is a fraudulent intent to cause significant economic loss through the implementation.

“Organizations will be required to report on efforts to achieve compliance. This will include maintaining detailed records and reporting general information to the public,” an official said.

“Organizations need to be transparent about their use of these technologies to ensure consumers receive accurate information about how those systems might impact them. Finally, organizations also need to report on impending incidents or actual damage. “

“It’s long overdue” for Canada’s private-sector privacy law to be overhauled, said Mark Agnew, senior vice president of government policy and relations with the Canadian Chamber of Commerce.

Without updated privacy legislation, businesses will be at a disadvantage, he said in a statement.

“The current privacy regime went into effect about 20 years ago. While there have been tweaks since then, it goes without saying that the digital world we live in today is vastly different from when Y2K was the primary concern. The law has not kept up with the pace of change, nor has it with Canada’s international competitors,” Agnew said.

“Our educated workforce and cutting-edge digital infrastructure give Canada a strong foundation to be a leader in the global digital future, but competitors Our international competition is moving. As virtual operations continue to increase, businesses and their customers must be confident that their data is protected. We must also have legislation to help companies innovate to meet the digital needs of our world. “

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The Liberal Party’s previous attempt to amend privacy laws was described by former privacy commissioner Daniel Therrien as an “overall step back” from the current framework.

Therrien also says that the law puts commercial interests ahead of people’s privacy and that he advocates adopting a framework that takes privacy as a human right.

Philippe Dufresne, the government’s nominee to replace Therrien, told a House of Commons committee this week that the new bill must recognize privacy as a “fundamental right”.

It is not likely that the new bill will cause much debate until the fall as the House of Commons will soon rise into the summer recess.

– with files from the Canadian Press