Telecom Act can act as guide to Online Streaming Act, Dufresne tells Senate

Senators should use privacy provisions in the Telecommunications Act as a template for protecting users of online content, the Privacy Commissioner said. Philippe Dufresne was speaking to the Senate Committee on Transportation and Communications about Bill C-11 Wednesday, the Online Streaming Act, as the Senate resumed its analysis of the bill after the summer recess. “The committee could consider amending section three of the Broadcasting Act to include the protection of the privacy of persons as a policy objective of that act,”he said in French, according to simultaneous translation. “This would be similar to the approach taken in the Telecommunications Act.” Speaking later in English, he suggested the wording could be lifted from the Telecom Act. “I feel that would be an easy way of doing it because you have a model that would be simpler,” he stated. The government also has an update of the Personal Information Protection and Electronic Documents Act (PIPEDA) before the House of Commons. That legislation, Bill C-27, was introduced last June. Dufresne said it will be a good companion to C-11. “C-27 aims to modernize privacy legislation generally and it does address broadly artificial intelligence,” the commissioner noted. He also stated that C-27 will protect children from online harms such as pornography. It will provide for anonymized information and will improve transparency. He touted the Digital Services Act passed by the European Union last July as an example of what can be done. The act is scheduled to take effect in 2024. Once C-11 is passed it will be important how the CRTC uses its powers, the commissioner said. “The potential privacy impacts would depend on the specific circumstances of each case including how these powers are exercised by the CRTC and how regulated entities respond to new obligations by their collection and analysis of personal information,” he told the senators. Under questioning about people who have little regard for their personal privacy, Dufresne said he wants to make them aware of the need for privacy online. His deputy commissioner Brent Homan echoed that sentiment. “Sometimes privacy is looked at as secrecy when really it could be about control,” Homan testified. Dufresne conceded the CRTC may have to use algorithms to determine if content online may be considered as Canadian content. CRTC chair Ian Scott made the same point to senators when he testified about C11 last June. The commissioner said his office is always ready to consult with the regulator and with industry. It has made frequent representations to the CRTC in the past, he noted Privacy is not an obstacle to the public interest, he stated. “We want to see privacy considered and we want to see privacy impacts minimized.” Meanwhile, Corus Entertainment Inc.'s CEO Doug Murphy couldn't contain his excitement for the bill at the BMO Capital Markets Media & Telecom Conference in Toronto Tuesday. When the government issues its policy direction if and once the bill is given royal assent, it is "going to be Christmas at the Murphy house," the CEO said. "What's going to be in the policy direction? What are going to be the long overdue efforts to level the playing field, so we can build our companies, take it to the next level without a boot on our throat?" Murphy added that he felt the pandemic had reasserted the importance of local news, and that Corus' Global News had provided an important service throughout the crisis. "It doesn't usually break our way when it comes to regulation, the system isn't designed to support corporate Canada," he said. –Reporting by Paul Park at ppark@thewirereport.ca with files from Michael Lee-Murphy at mleemurphy@thewirereport.ca and editing by Michael Lee-Murphy.

Telecom Act can act as guide to Online Streaming Act, Dufresne tells Senate

News | 09/14/2022 6:57 pm EDT

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