Election 2019: Comparing Party Platforms

How Canada’s major federal political parties compare on issues related to privacy and access to information

The table below uses publicly available information contained within the platforms of Canada’s four major political parties: the Liberal Party, the Conservative Party, the New Democratic Party, and the Green Party.

FIPA is a non-partisan organization and this chart is only intended to be an easily accessible guide on how the parties are addressing issues related to privacy and access to information. It is not an endorsement of any particular party.

For more information about the specific statements issued by each party leading to these determinations, please see the information below the chart.

 Liberal PartyConservative PartyNew Democratic PartyGreen Party
Totals6329
Increase the powers of the Privacy Commissioner of CanadaYesUnclearYesYes
Increase the powers of the Information Commissioner of CanadaNothing stated Nothing statedNothing statedYes
Improve Access to InformationNothing statedNothing statedNothing statedYes
Ensure Political Parties fall under Canada's federal privacy legislation Nothing stated Nothing statedNothing stated Yes
Mandatory breach notifications YesUnclearNothing statedYes
Give citizens the ability to erase basic personal information from platforms YesUnclearNothing statedYes
Give citizens data portability YesNothing statedNothing stated Yes
Create stronger cyberbullying protectionsYesYesYesNothing stated
Create mandatory plain language consent agreementsNothing statedYesNothing stated Nothing stated
Give citizens ability to review and challenge amount of personal information being collected by governmentYesNoNothing stated Yes
Create regulations related to Artificial IntelligenceNothing stated YesNothing statedYes

Each of these determinations are based on the platform documents released by the major four political parties in 2019:

Liberal Party of Canada Platform 2019

Conservative Party of Canada Platform 2019

New Democratic Party of Canada Platform 2019

Green Party of Canada Platform 2019

Below are the quotes and page numbers where each of these determinations can be corroborated.

We encourage all political parties to provide us with additional details about their commitments, or to provide us with clarification on their positions, by writing to us (fipa@fipa.bc.ca).

Increase the powers of the Privacy Commissioner of Canada

Liberal Party: Yes. Included in Canada’s Digital Charter (40-41).

Conservative Party: Unclear. “We will employ sensible regulation, rigorous standards, and strong oversight over the personal information, data, and privacy of Canadians” (74).

New Democratic Party: Yes. The “New Democrats will work to strengthen privacy protections for Canadians by boosting the power of the Privacy Commissioner to make and enforce orders” (102).

Green Party: Yes. “Significantly increase the powers of the Privacy Commissioner, in particular to protect identity and personal data, and to enforce privacy laws” (75).

Increase the powers of the Information Commissioner of Canada

Liberal Party: Nothing stated.

Conservative Party: Nothing stated.

New Democratic Party: Nothing stated.

Green Party: Yes. Will “[s]trengthen the role and protect the independence of parliamentary officers including … the Information Commissioner” (73). They will also “[a]uthorize the Information Commissioner to order the release of information” (74)

Improve Access to Information

Liberal Party: Nothing stated.

Conservative Party: Nothing stated.

New Democratic Party: Nothing stated.

Green Party: Yes. They will do this by: removing all fees except filing fee; creating enforceable deadlines; put parliament, the PMO’s office, and all minister’s offices, within scope of ATI; ensure public interest comes before secrecy; allow Information Commissioner to review and determine if cabinet confidence applies; create a duty to document regarding ATI decisions (74).

Ensure Political Parties fall under Canada’s federal privacy legislation

Liberal Party: Nothing stated.

Conservative Party: Nothing stated.

New Democratic Party: Nothing stated.

Green Party: Yes. “Require political parties to follow the Privacy Act, without exceptions” (75).

Mandatory breach notifications

Liberal Party: Yes. Included in Canada’s Digital Charter. Also includes compensation (40-41).

Conservative Party: Unclear. Will establish “binding cyber security standards for critical infrastructure sectors and penalties for non-compliance” to protect Canadians from “largescale data breaches” (75).

New Democratic Party: Nothing stated.

Green Party: Yes. Will “[c]reate mandatory data breach reporting for all government departments, companies, banks and political parties” (75).

Give citizens the ability to erase basic personal information from platforms

Liberal Party: Yes. Included in Canada’s Digital Charter (40-41).

Conservative Party: Unclear. “We will employ sensible regulation, rigorous standards, and strong oversight over the personal information, data, and privacy of Canadians” (74).

New Democratic Party: Nothing stated.

Green Party: Yes. “Require companies to … to delete personal information from company databases when requested by that person. Individuals would have the ‘right to be forgotten.’” (75).

Give citizens data portability

Liberal Party: Yes. Included in Canada’s Digital Charter (40-41).

Conservative Party: Nothing stated.

New Democratic Party: Nothing stated.

Green Party: Yes. “Require companies to grant access to all information they hold on an individual” (75).

Create stronger cyberbullying protections

Liberal Party: Yes. Included in Canada’s Digital Charter (40-41) Will also “move forward with new regulations for social media platforms, starting with a requirement that all platforms remove illegal content, including hate speech, within 24 hours or face significant financial penalties. This will also include other online harms, such as radicalization, incitement to violence, exploitation of children, or creation or distribution of terrorist propaganda. Because hate speech continues to harm people offline as well, we will also look at options for civil remedies for victims of hate speech” (47-48).

Conservative Party: Yes. Will introduce the Cyberbullying Accountability Act, legislation that “prohibits the use of a phone or the internet to threaten or advocate self-harm”, create civil liability so that “the parents, guardians, or account holders of cyberbullies can be held liable” (74).

New Democratic Party: Yes. Will convene a “national working group to counter online hate and protect public safety, and make sure that social media platforms are responsible for remove [sic] hateful and extremist content before it can do harm” (96).

Green Party: Nothing stated.

Create mandatory plain language consent agreements

Liberal Party: Nothing stated.

Conservative Party: Yes. Will also only allow “data that is necessary to provide the service” to be collected (74).

New Democratic Party: Nothing stated.

Green Party: Nothing stated.

Give citizens ability to review and challenge amount of personal information being collected by government

Liberal Party: Yes. Included in Canada’s Digital Charter (40-41).

Conservative Party: No. Will increase funding to police infrastructure: “To better support local law enforcement, a new Conservative government will commit $30 million over five years to purchase new equipment. This would benefit mid-sized communities the most, since they do not have the same budget as larger police programs to access technology. We will create a grant program so that our law enforcement has access to every tool and technology available. This will empower law enforcement to keep our communities and neighbourhoods safe” (64).

New Democratic Party: Nothing stated.

Green Party: Yes. “Change the law to require the Communications Security Establishment and CSIS to get a warrant before intruding on Canadians’ communications”; “Prohibit the routine surveillance of Canadians who protest against the government and the sharing of protesters and NGO staff information with the National Energy Board, and others”; and “Prohibit cyber surveillance and bulk collection of data by intelligence and police agencies” (75).

Create regulations related to Artificial Intelligence

Liberal Party: Nothing stated.

Conservative Party: Yes. Will establish “regulatory standards for ethical and secure use” of Artificial Intelligence (74).

New Democratic Party: Nothing stated.

Green Party: Yes. Will create parliamentary committee to examine issues that include Artificial Intelligence (46).

Statement on Section 22 of Bill 35: FIPPA Reform

From FIPA President Mike Larsen

The introduction of the amendments to B.C.’s Freedom of Information and Protection of Privacy Act (FIPPA) contained in section 22 of Bill 35 demonstrate that the government is willing to move forward on legislative reform.

And as the all-party special committee who reviewed the Act in 2016 found in their 39 recommendations, the FIPPA is definitely in need of reform.

But, when it comes to the proposed amendments to the FIPPA contained in Bill 35, the B.C. Freedom of Information and Privacy Association (FIPA) supports the assessment of the Office of the Information and Privacy Commissioner of B.C. (OIPC).

We are firmly committed to the requirements for local data storage contained within the Act. We do not support amendments to the legislation that function to erode the protections enshrined in the Act. The OIPC assessment of the language in section 22 of Bill 35 as “too permissive” is entirely accurate.

B.C. FIPA is disappointed by the proposed reforms to the FIPPA for the following reasons:

  • The government has made numerous commitments to transparency and privacy that are not achieved by these amendments. They promised comprehensive FIPPA reform in their campaign; they have consulted with the public around FIPPA reform; they have strong recommendations for reform from legislative review and from current and former Information and Privacy Commissioners.
  • We do not support reforms to the Act that weaken existing privacy protections for British Columbians. The proposed amendments deal with exceptions to current outside-of-Canada processing and storage restrictions. To date, this is the only legislative reform that the government has proposed to the FIPPA. Rather than strengthening freedom of information or protection of privacy, the proposed amendments is a qualification of existing rights, and not an expansion.
  • We do not need incremental FIPPA reforms through “Miscellaneous Statute Amendments”. We need a comprehensive overhaul of the FIPPA that is informed by a deep and sincere commitment to updating and expanding the information and privacy rights of British Columbians. This requires vision and leadership.

Despite all of this, the proposed amendments in section 22 of Bill 35 do demonstrate that the government is willing to make reforms to the FIPPA. In the wake of scandal, the challenge for the government will be to realize the possibility of these reforms. The proposed amendments for the FIPPA in Bill 35 are a move that is too little, too late, and in the wrong direction.

The government now has an opportunity to distinguish itself from previous governments by proposing meaningful reform that further the information and privacy rights for British Columbians. They have promised transparency and accountability and it is now time to demonstrate it.

Criminal Investigation into the Conduct of a Former Minister

Vancouver, October 7, 2019 –  The Premier of British Columbia, John Horgan, announced late Friday that he has accepted the resignation of the Minister of Citizens’ Services, Jinny Sims, due to an ongoing RCMP investigation into her conduct. At this time, precise details into the nature criminal investigation of Minister Sims are unknown.

The former Minister of Citizens’ Services oversaw the administration of the freedom of information laws that are contained within the Freedom of Information and Protection of Privacy Act (FIPPA) and the records management practices contained in the Information Management Act (IMA).

During their 2017 campaign, the NDP promised to make reforms to the FIPPA. These included the creation of a duty to document government decisions and the inclusion of this provision within the FIPPA. Instead, the government added this provision to the IMA, which places authority within the former Minister to ensure government accountability. If the provision were to be included in the FIPPA, independent oversight would be given to the Information and Privacy Commissioner of BC.  

“This is a time for the government to move forward with a comprehensive reform of the Freedom of Information and Protection of Privacy Act,” says Sara Neuert, the Executive Director of the BC Freedom of Information and Privacy Association. “This is a necessary step in rebuilding trust with the public, it’s what was promised, and it’s the recommendation of the all-party special legislative committee that reviewed the FIPPA in 2016, former Information and Privacy Commissioner Elizabeth Denham, and current Commissioner Michael McEvoy.”

The former Minister of Citizens’ Services, Jinny Sims, issued a public apology in the spring of 2018 for conduct that contravened BC’s freedom of information laws. In the spring of 2019, a former staff member made several new allegations, which included an accusation that the former Minister continues to break these laws. We will be following the RCMP investigation very closely.

Contact:

Sara Neuert, Executive Director

BC Freedom of Information and Privacy Association

Email: fipa (at) fipa.bc.ca

Phone: 604-739-9788

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New on the Podcast: Information Laundering

As we learned in the first episode of Data Subjects, BC’s Freedom of Information laws were created in order to ensure that public records belong to the public, which is a fundamental principle to our democracy.

Citizens in a democratic nation must have a right of access to information about their government in order to make informed choices. But prior to 1992, we didn’t have these rights in BC. And now, we’re at risk of losing them again due to something called information laundering.

This episode is about a loophole in BC’s Freedom of Information and Protection of Privacy Act that allows public bodies to create subsidiary companies that are not subject to BC’s Freedom of Information laws.

First, we learn about how BC Ferries and BC Hydro used subsidiary companies with disastrous consequences in the 1990s during the ‘Fast Ferries’ and ‘Hydrogate’ scandals. Then, we hear from Larry Kuehn, of the BC Teachers’ Federation, and find out how BC school boards have misused subsidiary companies.

And finally, we hear from Stanley Tromp, independent journalist, and learn about his experience requesting information about one of UBC’s subsidiary companies, the UBC Properties Trust, and its consequences for health and safety on campus.

If you’d like to see information laundering as a thing of the past, please sign our petition and encourage the BC government to keep their campaign promise of protecting information and privacy rights in BC.