Law Bytes

It has taken many years, but Canada finally appears ready to engage in an overhaul of its outdated private sector privacy law. Earlier this month, the Innovation, Science and Industry Minister Navdeep Bains introduced Bill C-11, which, if enacted, would fundamentally re-write Canada’s privacy rules. The government intends to repeal PIPEDA and replace it with the Consumer Privacy Protection Act, which features a new privacy tribunal, tough penalties for non-compliance, and new provisions on issues such as data portability and data de-identification.

To discuss the thinking behind the bill and the government’s privacy plans for privacy, Minister Bains this week joins the Law Bytes podcast as he identifies some the benefits of the bill, clarifies the reasoning behind some of the more controversial policy decisions, and provides a roadmap for what comes next.

The podcast can be downloaded here, streamed on Youtube, and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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Prime Minister of Canada, Remarks Updating Canadians on the COVID-19 Situation and new Privacy Protections

News Media Canada, the lobby group representing the major newspaper publishers in Canada recently launched a new campaign that calls for the creation of a government digital media regulatory agency that would have the power to establish mandated payments by Internet companies merely for linking to news articles. But not everyone in the sector – or even within News Media Canada – agrees with the position.

Jeff Elgie is the CEO and majority shareholder of Village Media, a digital-only media organization that operates local news and community websites throughout Ontario. He joins the Law Bytes podcast this week to talk about operating local news sites in the current environment, why he welcomes referral traffic from companies like Facebook and Google, and why though he respects News Media Canada, he hopes that a new association will emerge that better represents the diversity of news media in Canada.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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Global News, Letting Tech Giants Like Facebook Regulate Themselves ‘Simply not Working’ Says Minister

Last week, Canadian Heritage Minister Steven Guilbeault introduced Bill C-10, legislation that would significantly reform Canada’s Broadcasting Act. A foundational part of what he has called a “get money from web giants” legislative strategy, the bill grants new powers to the CRTC to regulate online streaming services. Bram Abramson is one of Canada’s leading communications law lawyers and managing director of a new digital risk and rights strategy firm called 32M. Bram acted as an outside consultant on telecom regulation for the recent Broadcasting and Telecommunications Legislative Review panel – often called the Yale Report –  but he joins the podcast to talk about the past, present and future of broadcast regulation, in particular what Bill C-10 could mean for the regulation of online streaming services.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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CPAC, Heritage Minister Discusses Bill to Update Broadcasting Act – November 3, 2020

The world will be focused on the United States this week as the U.S. Presidential election is slated to take place on Tuesday, November 3rd. The role of social media has been in the spotlight in the US for months with calls for regulation, a range of responses from the major companies, and ongoing concerns about the immediate aftermath of the election and fears that their platforms could be weaponized if the winner is in dispute.

Canada had its own national election one year ago and enacted a range of reforms designed to address some of these issues. Mike Pal is a colleague at the University of Ottawa where he specializes in election law. He joins the Law Bytes podcast to discuss the Canadian experience including what changes were made, whether they were effective, what more can be done, and what Canada might teach others about confronting the challenges that lie at the intersection between elections and the Internet.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

Show Notes:

Michael Pal, Social Media and Democracy: Challenges for Election Law and Administration in Canada

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CTV News, Facebook is “Clear and Present Danger’ to Democracies: Technology Analyst

Facial recognition technologies seem likely to become an increasingly commonplace part of travel with scans for boarding passes, security clearance, customs review, and baggage pickup just some of the spots where your face could become the source of screening. Tamir Israel, staff lawyer at CIPPIC, the Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic at the University of Ottawa, recently completed a major study on the use of facial recognition technologies at the border. He joins me on the LawBytes podcast to discuss the current use of the technologies, how they are likely to become even more ubiquitous in the future, and the state of Canadian law to ensure appropriate safeguards and privacy protections.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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Washington Post, Your Face is Now Your Boarding Pass, Here’s Why that Should Worry Us