The BC Supreme Court’s recent decision (Liberal Party of Canada v. The Complainants, 2024 BCSC 814) confirming that the Personal Information Protection Act (PIPA) applies to federal political parties (FPPs) is a step in protecting British Columbians’ privacy and considering privacy implications nationwide.
In 2019, the BC Office of the Information and Privacy Commissioner (“OIPC”) received a complaint and subsequently investigated use of personal information in BC by FPPs. Early in their investigation, OIPC identified that PIPA applies to FPPs. The FPPs disagreed with that order and appealed to the BC Supreme Court. The Court has upheld the decision of OIPC that PIPA applies.
“It is clear to the courts that privacy legislation not only can but should apply to federal political parties.” says FIPA Executive Director Jason Woywada. “The Court has supported the privacy rights of British Columbians to receive the protection they have come to expect.”
FPPs have to comply with the Canada Elections Act (the “CEA”) but are excluded from all other federal privacy law. Without the application of provincial privacy law, FPPs have few restrictions on what they do with your personal information. They can collect, use, and share that information without the transparency, review, and accountability that Canadians expect for every other public and private body.
The Court has affirmed that provinces have the authority to enact privacy law that include FPPs. The Court identified that when a province has created privacy laws designed to replace federal privacy laws as substantively similar, and those laws include Political Parties, the Federal Parties are subject to provincial privacy law.
In BC political parties are subject to the same privacy laws as private companies. The Federal Conservative, Liberal, and New Democratic Parties have spent countless resources to avoid being subject to these laws. They may yet appeal this case to the BC Court of Appeals.
“For political parties to attempt to exclude themselves from appropriate oversight, accountability and responsibility plays to the darkest stereotypes of politicians,” says Woywada. “With increasing security risks and threats to people’s personal information now is not the time to exempt political parties from responsibility and accountability in how they handle your information. Continuing with more appeals will not enhance but undermine Canadians’ confidence in democratic institutions.”
We are pleased to be working across civil society on this issue.
FIPA is one of the signatories to a joint letter calling on the three participating federal political parties to cease their legal challenge to the application of BC privacy law to their operations in BC, and to develop an effective and enforceable national privacy regime for all federal parties.
FIPA routinely acts to raise awareness surrounding your personal information and how it is used and at risk with political parties.
We ask everyone to ensure their candidates and elected officials know you expect them to appropriately protect your personal information and to be subject to the law rather than excluded from it.
Be sure to check out our standing campaign regarding Your Political Privacy and the Backgrounder.
VICTORIA, June 7, 2024
Open letter calls on federal parties to accept BC privacy ruling, amend federal law
VICTORIA, June 10, 2024