Earlier this week the Intelligence Commissioner (IC) appeared at the Standing Senate Committee on National Security, Defence and Veterans Affairs on Bill C-26, along with federal Privacy Commissioner. The bill is intended to enhance the cybersecurity requirements that critical infrastructure providers must adopt.
The IC’s remarks are now public. He made four very notable comments in his opening remarks:
- The IC warned that the proposed amendments to the Telecom Act would allow the minister to essentially compel the production of any information in support of orders. This information could include personal information – which under broad exceptions, could then be widely disclosed.
- Part 2 allows for the regulators to carry out the equivalent of unwarranted searches – where again, personal information could be collected.
- The CSE will play a vital role and will be the holder of this information, in a technological form or otherwise, which will contain elements for which we have a reasonable expectation of privacy.
- In light of the invasive nature of the Bill, he asserted that it is important that meaningful safeguards be part of the legislation so that Canadians have confidence in the cybersecurity system.
His responses to comments at committee — not yet available through Hansard — made even more clear that he believed that amendments are needed to integrate appropriate oversight and accountability measures into the legislation. The IC’s comments, combined with those of the federal Privacy Commissioner of Canada and civil society representatives, constitute a clear warning to senators about the potential implications of the legislation.
It will be interesting to see how they respond.
Excited Pixels 