Safeguarding Our Privacy While Protecting the Public

July 05, 2009

While technology has advanced rapidly in the past two decades, law enforcement and national security agencies have faced increased difficulty in protecting the safety and security of Canadians.

Evolving communications technologies like the Internet, cell phones, and PDAs (personal digital assistants) clearly benefit Canadians in their day-to-day lives but also provide new ways of committing crimes including the distribution of child pornography.

I have spoken to our local police and have discussed the difficulties they face in trying to fight crimes committed through the internet.  They feel that anything that helps in the fight against internet crime, and in particular child pornography, is a plus.

The safety of our citizens, both in our communities and in cyberspace, is a responsibility that this Government takes very seriously and, in order to keep pace with modern communications technology the government has tabled legislation to update the law.

Bills C-46 and C-47 will: prohibit anyone from using a computer system, such as the Internet, to agree or make arrangements with another person for the purpose of sexually exploiting a child; update the current laws which allow police to obtain telephone numbers dialed to and from a target’s telephone to include the internet; require telecommunication service providers to safeguard and not delete data related to a police investigation and; make it illegal to possess a computer virus for the purpose of committing an offence of mischief. Currently, only the actual or attempted mischief created by the spread of a computer virus is punishable.

Before embarking on this legislation, the Government carefully considered input provided by a broad range of stakeholders in developing these two pieces of legislation, including the telecommunications industry, civil liberties groups, victims' advocates, police associations and provincial/territorial justice officials.

Understandably there have been concerns about giving the police more powers to access personal information but these bills have been scrupulously drafted to adhere to Canada’s privacy laws and the protection of citizens’ rights under the law.

It is important to clarify that not only does the legislation ensure only a small number of investigative personnel can request transmission data (which is limited to name, address and IP address – not private conversations as some fear ), there are strict criteria under which such data can be collected.  As is the case currently, warrants are required in all cases except when a crime is being committed and/or someone’ life is in imminent danger.  Under these circumstances the legislation requires a number of measures be put in place including full identification of the officer making the request, reporting back to the officer’s superior officer, a paper trail in order to conduct regular audits of these activities and audits by the Privacy Commissioner.

We live in a world that moves faster everyday in ways we might never have imagined.  It is important that modern technologies work for us not against us.  Updating our laws to reflect the world we live in is necessary.

In the case of C-46 and C-47, some people will fear that their privacy is being compromised while others will be relieved to know the police have the tools they need to ensure the public’s safety.  In any event, getting people talking about legislation is a good thing if it means they will involve themselves in the process.

I look forward to a healthy debate as this legislation makes its way through the House of Commons and the Senate.  I am confident that under this new legislation we will strike an appropriate balance between the investigative powers used to protect public safety and the necessity to safeguard privacy and the rights and freedoms of Canadians.

I encourage anyone who is interested in reading the legislation to go to www.parl.gc.ca and click on the link “Bills”.

Ron Cannan is the Member of Parliament for Kelowna-Lake Country.  If you wish to contact him please call 470-5075 or e-mail him at ron@cannan.ca.