B.C. Privacy Commissioner Raises Questions Over Anti-Terror Bill

The newly adopted anti-terrorism bill announced by Prime Minister Stephen Harper last week is an area of concern and should be open for future debate. B.C.'s information and Privacy Commissioner, Elizabeth Denham addressed an auditorium full of hopeful law students at Thompson River University on Wednesday, where she discussed privacy in the new age. In her address, Denham highlights several areas of concern surrounding Harper's new bill.

Photo credit: Privacy Commissioner website. (Elizabeth Denham).

The anti-terror legislation provides a wide range of revised power to Canadian Security Intelligence Service, Communications Security Establishment Canada, and law enforcement agencies following the attacks that occurred in Ottawa and Saint-Jean-sur-Richelieu.

These new powers make it easier to detain suspected terrorists, heightens the power of CSIS to disrupt terrorist threats, criminalizes the advocacy and promotion of terrorism, and makes it easier for government to share national security information.

“We all acknowledge that security is essential in maintaining our democratic rights, but I am deeply concerned that these new measures are not designed in a way that protect freedom of speech and privacy,” said Denham. “To give just one example—the Act seems to allow federal departments and agencies broad new authority to share personal information, including information of Canadians not suspected of terrorist activities, for the purpose of identifying new threats.”

Denham describes this new version of information sharing a “privacy game changer.” Criticizing the lack of information safe-guards in place for Canadians, Denham reminds her viewers of Canada's past plea for revised security acts to be evidence based.

In October 2014, Information and Privacy Commissioners from across the nation signed a joint statement calling for any proposed increase in powers to be warranted. In addition, Canadians demanded open dialogue in terms of implementation of security measures, and that in the event of agencies retaining additional power, that enhanced oversight for such factions be implemented.

“It appears that this discussion will now happen in Parliament. I hope there is a vigorous debate—that tough questions are asked about the need and efficacy of these new powers,” commented Denham.

It was only last week that the Privacy Commissioner of Canada released a public opinion survey, finding nine out of ten Canadians carried reservations regarding their privacy; one third of Canadians said they are extremely concerned.

“Canadians deeply value privacy, but fear they are losing the control they have over their personal information. It's imperative we find ways to enhance that sense of control so that people feel their privacy rights are being respected,” said Privacy Commissioner of Canada Daniel Therrien.

Wrapping up her speech, Denham highlights the need for our laws to adapt and develop in order to address privacy issues facing the 21st century and beyond.

“Privacy is an enduring principle of great value to Canadians, one that underpins our collective right to freedom of association, freedom of speech, freedom of expression,” said Denham. “Commissioners will continue to advocate for transparency and independent oversight, and a mandatory review of this new law.”