Digital Charter Implementation Act, 2022
Date: 2023_04_20
Chamber: HOUSE OF COMMONS
Mrs. Cheryl Gallant: I am proud to rise on behalf of my privacy-loving constituents in Renfrew--Nipissing--Pembroke. Bill C-27 is another piece of legislation that had to be resurrected after the Prime Minister called his superspreader pandemic election. Originally, this was supposed to be a long overdue update to the Privacy Act, and it has since morphed into Bill C-27 , the data-grab act. Everything about Bill C-27 should leave the Liberals feeling embarrassed. A Canadian's right to privacy is fundamental. Sadly, Canadians' privacy rights are not a priority for the government. This bill has languished for years. It was first introduced immediately after the original online streaming censorship act was introduced. However, when the Prime Minister called his pandemic election and reset all legislation, what did the Liberals make a priority? Was it the privacy rights of Canadians? No. Was it securing Canadians' ownership over their data? No. Instead, what the Liberals prioritized was a bailout for big telecom and a bailout for the legacy media. Not only does the government care more about padding the bottom line of Postmedia, but it also adopted Rupert Murdoch's false narrative about tech profiting off the content produced by the news media. Social media companies and search engines do not profit off the news media. They profit off us. These companies profit off our data, and the Liberals know the truth. Unfortunately, this legislation seeks to make it easier for companies to profit off our privacy. If Bill C-27 is not significantly improved at committee, then together with Bill C-11 and Bill C-18 , the government will have entrenched the surveillance economy in Canadians' lives. By combining the updates to the Privacy Act with the creation of a new artificial intelligence act, the Liberals have actually illustrated the brave new world we live in. The Privacy Act and the way we talk about privacy even today are holdovers from the industrial era. We do not live in that world anymore. In the industrial economy, privacy rights were concerned with the ability to control what information could be shared. The goal was to prevent harm that could come from our personal information being used against us. In effect, information was personal and an economic liability. We spent money on shredders to destroy personal information. The careless use of our personal information could only have a negative value, but then the world changed. Our personal information stopped being a liability and became an asset. It started out slowly. Early examples were Amazon recommending a new book based on previous purchases and Netflix recommending what DVD rental we should next receive by mail. Google then began displaying ads next to search results. That was the eureka moment: Targeted ads were very profitable. However, the targeting was pretty basic. If someone searched for shoe stores near them, Google returned search results alongside ads for shoes. Then it became ads for shoes on sale nearby. Then came Facebook and millions of people signed up. In exchange for an easy way to connect with friends and family, all someone had to do was share all their personal information, like who their friends were, how many friends they had and their geographical proximity to friends. With the addition of the "like" button, the data harvesting exploded. If someone liked a news story about camping, they would start seeing ads for tents and sleeping bags. Every action Canadians took online, every single bit of their data, was commodified. Our privacy was turned into property and we lost both. Not only does this bill not secure privacy rights, but it effectively enshrines the loss of our property rights with just two words: legitimate interest. Proposed subsection 18(3), entitled "Legitimate interest", has this to say: (3) An organization may collect or use an individual's personal information without their knowledge or consent if the collection or use is made for the purpose of an activity in which the organization has a legitimate interest that outweighs any potential adverse effect on the individual resulting from that collection or use Is "legitimate interest" defined anywhere in the legislation? No. It is just another example of the vagueness found throughout the legislation. Even if we accept the plain-language definition and that private business really somehow does have a genuine, legitimate reason to collect private information without consent, it is weighed against the adverse effect. However, this is industrial-era thinking. It views personal information only as a potential liability. Businesses have a legitimate interest in making money. With the Internet and mobile phones, much of our private information can be collected without any adverse effect. This legislation turns the private information of Canadians into the property of corporations and calls it legitimate. I mentioned earlier that combining the privacy legislation with the AI legislation actually puts a spotlight on the issue of private data as property. However, as important as it is to highlight the connection, it is more important that these bills be separated. The artificial intelligence and data act has been slapped onto previously introduced privacy legislation. With the privacy portion of the legislation, the devil is in the details. Overall, however, the bill reflects a general consensus developed over countless committee studies. That is not to mention the contributions to the privacy debate from the federal and provincial privacy commissioners. The issue has been well studied, and the minister has indicated that the government is open to responsible amendments. I am sure that the committee is well equipped to improve the privacy sections of this bill. The same cannot be said about the artificial intelligence section of the bill. It seems rushed, because it is. It is intentionally vague. The Liberals claim the vagueness is required to provide them with regulatory flexibility and agility. The truth is, they do not know enough to be more precise. I have been trying to get a study on artificial intelligence in the defence committee for years, but there was always a more pressing issue. AI was treated like nuclear fusion technology, something that was always just over the horizon. Since this bill was introduced 10 months ago, we have gone from ChatGPT to open-source GPT models, which any teenager can apparently run on their personal computer now. AI programs went from producing surrealist art to creating photorealistic images of the Pope in a puffy jacket. We have gone from short clips of deepfake videos impersonating real people to generating fictional people speaking in a real-time video. When we all started to learn Zoom in 2020, how many people thought the other person on the screen they were talking to could just be a fake? Now it is a real possibility. The speed at which AI is developing is not an argument for delaying AI regulation; it shows that it is imperative to get the regulation right. Would this bill do that? The only honest answer is that we do not know. They do not know. Nobody truly knows. However, we can learn. We should split this bill and let the stand-alone AI bill be the first legislation considered by one of the permanent standing committees, adding artificial intelligence to its official responsibilities. Artificial intelligence is not going away, and while much of the media attention has focused on chatbots, artistic bots and deepfakes, AI is unlocking the secrets to protein folding. This has the potential to unlock cures to countless different cancers and rare genetic diseases. A paper was just published describing how an AI trained on data about the mass of the planets and their orbits was able to rediscover Kepler's laws of motion and Einstein's theory of time dilation. If we get this wrong, Canada could be left behind by the next revolution in science and discovery. Given the government's track record on digital technology, Canadians should be worried about the Liberals rushing vague legislation through to regulate an emerging technology. Rather than modernizing the Broadcasting Act, they are trying to drag the Internet back to the 1980s. With Bill C-18 , they claim that linking is a form of stealing. The Liberals and their costly coalition allies do not even understand how broadcasting technology or the Internet works. They see people's personal data as the legitimate property of corporations, and now they are seeking the power to regulate a revolutionary technology. They did nothing while the world shifted below them, and now they are trying to rush regulations through without understanding the scope and scale of the challenge. Protecting Canadians' privacy and establishing property rights over their personal data should have been prioritized over bailing out Bell and Rogers.