Our government is working to ensure that Canadians are receiving the protection and security that they need in the online marketplace. This May, we introduced legislation designed to enhance protection of the personal information of Canadians, provide additional online security for consumers and businesses, and position Canada as a leader in the digital economy. Our measures will include amendments to the Personal Information Protection and Electronic Documents Act, as well as the Fighting Internet and Wireless Spam Act, which will deter harmful spam from occurring in Canada, and help to drive spammers out of Canada.
The protection of online personal information in Canada is governed according to the Personal Information Protection and Electronic Documents Act (PIPEDA). Our government has proposed a number of amendments to PIPEDA, in order to keep Canadian online security up to date in our fast-paced technological society. We have tabled an amendment which will require organizations to report material data breaches to the Privacy Commissioner of Canada and to notify individuals where there is a risk of harm. This measure will complement our government’s recently enacted identity theft legislation.
In addition, we have proposed amendments:
- relating to the protection of the privacy of minors online;
- clarifying rules for online business, and;
- supporting effective investigations of online security breaches.
The Fighting Internet and Wireless Spam Act (FISA)
In 2009, our government introduced anti-spam legislation, in keeping with Prime Minister Harper’s commitment to the online security of Canadians. This bill, the Electronic Commerce Protection Act (ECPA) addressed the recommendations of a 2005 Task Force on Spam, which designed a comprehensive package of measure to combat online threats. The bill was subjected to scrutiny by the Standing Committee on Industry, Science and Technology, and passed unanimously in the House of Commons in November 2009. However, it died on the Order Paper in the Senate after the prorogation of the House in December 2009.
Despite this setback, our government has continued in our promise to protect Canadians online by introducing the Fighting Internet and Wireless Spam Act (FISA). This legislation will deter the most damaging and deceptive forms of spam from occurring in Canada, and will work to drive spammers out of Canada.
FISA will provide a regulatory regime that will use economic disincentives to deter spammers. This regime will expand the mandates of Canada’s three online enforcement agencies: the Canadian Radio-television and Telecommunications Commission (CRTC), Competition Bureau Canada and the Office of the Privacy Commissioner. FISA will give these agencies the authority to share information and evidence with similar agencies at the international level, in order to pursue violators beyond our borders. In addition, these agencies will be given the authority to impose fines on violators. Individuals may receive penalties of up to $1 million, while businesses may be pay up to $10 million.
Two years ago, our government promised to improve online security for Canadians. Internet security continues to be a priority on our agenda. We want Canadians to feel as safe in the online marketplace as they do in their local grocery store, and our latest legislation demonstrates an important step in this direction. We will continue to work for safety and security in Canada’s online marketplace while also establishing Canada as dominant force in the digital economy.
