canada's bill c-22: public safety or personal privacy?
How much access should the Canadian government have to our private digital information?
That's the question being raised as the Senate reviews Bill C-22, the Liberal government's proposed lawful access legislation.
The bill would make it easier for Canadian police and intelligence agencies, including CSIS, to obtain certain digital information during investigations.
And Canada's Privacy Commissioner says more safeguards are needed.
So what does this actually mean?
A lower legal threshold
Currently, obtaining certain basic subscriber information generally requires police to have "reasonable grounds to believe" an offence has been or will be committed.
Bill C-22 would lower that threshold to "reasonable grounds to suspect."
That might sound like a minor wording change, but legally it matters. It means authorities could obtain certain identifying information with a lower level of justification.
What information are we talking about?
Basic subscriber information can include:
- Your name and address.
- Your telephone number.
- Your email address.
- Your account numbers.
- Information identifying which accounts or services belong to you.
Think about how many organizations hold this information: telecommunications companies, financial institutions, healthcare providers, lawyers and online services.
Privacy Commissioner Philippe Dufresne is concerned that the definition is too broad, particularly given the lower legal threshold.
He argues that information held by a doctor, lawyer or dating service, for example, can reveal very sensitive details about someone's life.
He wants stronger protections for medical and legally privileged information, and clearer limits on which organizations can be required to provide information.
What about information already available online?
This is another important concern.
The bill would clarify that police don't need a warrant for information that is publicly available.
But the Privacy Commissioner argues that just because someone has made information publicly accessible doesn't mean they have surrendered their right to privacy.
Having a public social media profile, for example, shouldn't automatically mean everything associated with that person is fair game.
Why is Apple concerned?
Apple has also criticized the proposed legislation.
The company says the amendments made so far don't go far enough to protect encryption and other privacy and security features.
Encryption helps keep private communications protected from people who shouldn't have access to them.
Apple is concerned that weakening these protections could create cybersecurity vulnerabilities, particularly as hackers gain access to increasingly sophisticated tools.
Does this mean police can read everyone's emails and messages?
No. That's an important distinction.
Bill C-22's proposed changes concern access to certain subscriber information. They do not automatically give police unrestricted access to everyone's private messages, phone calls or encrypted communications.
Other legal requirements apply to obtaining the actual contents of communications.
However, even basic identifying information can reveal a great deal about a person's private life.
Where do we draw the line?
I understand that police and intelligence agencies need effective tools to investigate serious crime, exploitation and threats to public safety.
But Canadians also deserve privacy.
Our phones, emails, financial accounts, medical services and social media contain enormous amounts of personal information. Much of it is deeply personal, even when it doesn't include the actual contents of a conversation.
We shouldn't have to choose between public safety and personal privacy.
Both matter.
The Privacy Commissioner's recommendations deserve serious consideration before these powers are expanded.
Bill C-22 is still under Senate review. It has not yet become law.
I'll be watching this one.
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Keywords: Bill C-22, Canada lawful access legislation, digital privacy, Canadian Privacy Commissioner, Philippe Dufresne, subscriber information, police access to data, CSIS, encryption, civil liberties
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