Parliament should take a cautious approach to legislative proposals to create an expanded surveillance regime that would have serious repercussions for privacy rights, say Canada’s privacy guardians.
Privacy commissioners and ombudspersons from across the country issued a joint resolution urging Parliamentarians to ensure there is a clear and demonstrable need to expand the investigative powers available to law enforcement and national security agencies to acquire digital evidence.
The federal government has introduced two bills aimed at ensuring that all wireless, Internet and other telecommunications companies allow for surveillance of communications, and comply with government agency demands for subscriber data– even without judicial authorization.
The resolution is the product of the semi-annual meeting of Canada’s privacy commissioners and ombudspersons from federal, provincial and territorial jurisdictions across Canada, being held in St. John’s. The commissioners unanimously expressed concern about the privacy implications related to Bill C-46, the Investigative Powers for the 21st Century Act and Bill C-47, the Technical Assistance for Law Enforcement in the 21st Century Act. Both bills were introduced in June.
The resolution states that, should Parliament determine that an expanded surveillance regime is essential, it must ensure any legislative proposals:
- Are minimally intrusive;
- Impose limits on the use of new powers;
- Require that draft regulations be reviewed publicly before coming into force;
- Include effective oversight;
- Provide for regular public reporting on the use of powers; and
- Include a five-year Parliamentary review.
“Protecting Privacy for Canadians in the 21st Century” – Resolution of Canada’s Privacy Commissioners and Privacy Enforcement Officials on Bills C-46 and C-47