Online Surveillance Law, PIPED Act, Violates Charter of Rights and Should be Repealed
As of right now there are five organizations in Canada that support a declaration for more transparency and oversight when it comes governmental bodies collecting private information about online activities of citizens. The five organizations are:
- Amnesty International Canada
- the Canadian Civil Liberties Association
- the Canadian Internet Policy and Public Interest Clinic
- the Ottawa-based International Civil Liberties Monitoring Group
- the British Columbia Civil Liberties Association and Privacy International
The declaration urges:
- Any planned government changes that affect privacy rights be “presented, justified, and debated in a transparent manner,” not hidden in unrelated bills.
- An end to expansion of rules allowing warrantless collection of private information without oversight .
- Extended powers for federal and provincial privacy commissioners, including the ability to prosecute and fine state bodies and private companies for breaches.
- All state security, intelligence, policing and border agencies be subject to appropriate legal, judicial and democratic oversight. ~ reported by CBC News
The CCLA
The Canadian Civil Liberties Association (CCLA) is seeking to strike down the Personal Information Protection and Electronic Documents Act (PIPED Act) because it violates fundamental constitutional rights. Section 7 of the PIPED Act, states that organizations can collect, use and disclose personal information about an individual to governmental bodies such as the municipal police, Canadian Security Intelligence Service (CSIS) and Communications Security Establishment Canada (CSEC) which in then those organizations can re-share that information with foreign jurisdictions. The PIPED Act violates specifically section 7 and 8 of the Charter of Rights and Freedoms which is the right to liberty and security of the person as well the right to be free from unreasonable search and seizure.
“CCLA is concerned about proposals to amend a key piece of Canadian privacy legislation, the PIPED Act. PIPED Act limits the ability of commercial organizations to collect, store and disclose your personal information. Yet in September 2011, the government introduced Bill C-12, which would widen existing loopholes, and create broad exceptions under which companies could share your personal information with other organizations or with government – without your knowledge or consent. This proposal comes at a time when privacy experts are calling for more oversight and more privacy protection, not less – for instance, the Privacy Commissioner of Canada has emphasized the need to strengthen PIPED Act to respond to today’s digital landscape. CCLA is also monitoring the progress of Bill C-475, a private member’s bill introduced in February 2013 that proposes its own set of amendments to PIPED Act. Bill C-475 would give the federal Privacy Commissioner more power to enforce orders against non-compliant organizations, and would introduce new rules to address unauthorized privacy breaches.” ~ SOURCE
Under the PIPED Act “personal information” means information about an identifiable individual, but does not include the name, title or business address or telephone number of an employee of an organization.
Sukanya Pillay, the CCLA’s general counsel said, “when the .. government agency has shared information with a foreign jurisdiction, Canada effectively loses control over the information, its use and further disclosure, increasing the risk of serious and adverse consequences”, which was reported by CTV News. When one analyzes the PIPED Act it can clearly be seen it’s an infringement of rights. Sign the Stop Secret Spying petition, a campaign supported by a coalition of Canadian organizations including CCLA. Send a clear message to government that Canadians deserve to know who’s collecting and tracking our private information and why. Others articles you might be interested in:
- Government Scrambling To Explain CSEC Spying
- Illegal Spying In Canada – The CSEC Lawsuit
- Civil Liberties Group Suing Government For Spying On Canadians
-
Has The Government Been Spying On Canadians?
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