New ‘digital charter’ to emphasize Canadians’ control over personal data

OTTAWA—The federal government’s new “digital charter” will emphasize Canadians’ control over their own personal information and promises “strong enforcement” of transnational internet giants that break the law.

The Liberal government will not take any immediate steps to impose regulation on companies like Facebook, Google and Amazon, according to a copy of the digital charter obtained by the Star.

But in a speech planned for Toronto on Tuesday, Navdeep Bains, the innovation and economic development minister, will present the charter as a set of principles that all government policy and legislation will be measured against.

“Five of the top six most valuable publicly listed firms in the world deal with data. It’s no understatement that in today’s world, data drives business,” the speech says.

“But alongside the great things unlocked by data, we cannot ignore some of the new and complex challenges. At the heart of these challenges is the question of trust.”

The so-called digital charter will emphasize that Canadians should have control over their personal data, including knowing how that data is being used and by whom. It will commit the government to bringing in a “strong” enforcement regime to deal with internet and social media companies.

The charter also suggests the federal government is looking at competition law as a way of reining in the power of the transnational companies, with promises to “ensure fair competition in the online marketplace,” “facilitate the growth of Canadian businesses” and protect “Canadian consumers from market abuses.”

That language suggests the Liberal government sees antitrust laws — recently used in Germany to limit Facebook’s data-gathering practices — as a viable mechanism to prevent monopolistic behaviour from the companies.

The digital charter falls short of a concrete road map for regulating social media and internet companies operating in Canada. And there’s no time left in the Liberals’ current mandate to embark on serious reform, despite Democratic Institutions Minister Karina Gould’s acknowledgment that the companies’ gestures toward self-regulation have failed.

But Bains is expected to announce a number of less theoretical actions, including proposed reforms for Canada’s private sector privacy law.

“Digital platforms and services have become an integral part of how Canadians live, work and play. Yet platforms and products are increasingly designed to gather and share data and/or monitor users by default, reducing consumer choice and making consent less relevant,” reads a memo outlining potential reforms, obtained by the Star.

“Complex data flows…

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