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).

BC Government removing penalties for document destruction

The BC government’s new Government Information Act takes some useful steps to preserving information, but it has a big hole and also takes a major step backward.

http://www.leg.bc.ca/40th4th/1st_read/gov05-1.htm#section18

The biggest problem is that it contains no duty to document.

Photo under CC License by: wikipedia/Marta Pucciarelli
Photo under CC License by: wikipedia/Marta Pucciarelli

Recently several freedom of information requests come back with not a single piece of information attached. Perhaps the most incredible is the government’s claim that it has no records whatsoever of any of the dozens of meetings with more than 80 people that took place about the Highway of Tears in northern BC.

This bill will do nothing to stop the spread of this cancer on government transparency.

On top of that, the Depression era law replaces, the Document Disposal Act, at least provides for the possibility that someone who gets rid of government records improperly will face justice. Violating the Document Disposal Act could result in charges under the provincial Offences Act.

Bill 5 specifically removes the application of the Offences Act, so there will be no chance of anybody in government facing legal consequences for improper actions dealing with government documents.

This is quite a contrast to the government ‘s actions in the Ministry of Health data breach case, where they called the RCMP about the potential misuse of government information. We hope the government will be able to explain this difference as the bill is debated.

Commissioner Denham has also expressed concerns about the bill, particularly the government’s failure to heed here repeated calls for a legislated duty to document. BC FIPA supports her concerns. You can read her letter to the Minister here.

https://www.oipc.bc.ca/public-comments/1752

The Commissioner issued a report last year about the massive (33,000 boxes) backlog of unarchived documents, and it does not look like this bill will deal with this problem. Nor does it reduce or eliminate the $454 being charged to put a single box of records in the BC Archives. The only other province that charges to put records in the archives (Saskatchewan) has a $15 fee.

https://www.oipc.bc.ca/special-reports/1664

The Government of British Columbia can and should do better than this.