A highly consequential BC court decision, more than a year in the making, just came down:
“The ability of an individual to control their personal information is intimately connected to their individual autonomy, dignity and privacy. These fundamental values lie at the heart of democracy”. This is the all-important decision of B.C. Supreme Court Justice Gordon Weatherill.
What’s its genesis? Simply, whether our federal political parties are able to gather and use your private information as they choose, and whether they should be accountable if they are responsible for a data breach. The federal Liberals, Conservatives and NDP, at this time when partisan polarization is at its worst, agree that they should not.
Last June, some of us in the Senate were troubled by this fact. It wasn’t easy to find. The very last page in the Budget 2023 Implementation Act included an amendment to the Elections Canada Act (
lnkd.in/es4k9jFt). It sounded innocuous enough, introducing what seemed to be a reasonable amendment to the Canada Elections Act, the stated purpose being:
“…to provide for a national, uniform, exclusive and complete regime applicable to registered parties and eligible parties respecting their collection, use, disclosure, retention and disposal of personal information.”
If you are interested, have a look at my 2nd Reading speech (
lnkd.in/et4NYXSw), Senator Scott Tannas’ Amendment (
lnkd.in/eVrzrcJZ), and my speech in support of that Amendment (
lnkd.in/e4zrqJ-D).
At the time, I was troubled that a budget bill was being used to change the Canada Elections Act. This challenges the long-standing practice of openly debating these changes in Parliament and, arguably, set a troubling precedent. The other point of concern was that there is no national, uniform and complete privacy regime governing how federal political parties currently collect, use, disclose, retain and dispose of personal information. Much more recently, the Government has introduced Bill C-65, but it provides few protections (
lnkd.in/emvUDd4J).
What I can’t understand is why the Liberals and NDP agreed to the amendments in C-47 and, apparently, to those in C-65? Simply, using baseball analogies, the Conservatives are in the major leagues when it comes to gathering and using personal information to target their messaging to voters. Liberals might be playing single A ball, but the NDP are very much in the minor leagues.
Regardless, Justice Weatherill captured the underlying problem:
“The rapid advancement of technological tools allowing for the harvesting of private information for the purpose of profiling and micro-targeting voters has created risks of misuse of personal information… The Parliament of Canada has not yet taken any significant action. The Legislature of the British Columbia has.”
Well done BC!!
#PrivacyMatters