Privacy Commissioner Urges Restrictions on Bill C-22 Lawful Access Powers

Privacy Commissioner Philippe Dufresne is calling for amendments to Bill C-22, known as "An Act respecting lawful access," to limit the scope of information authorities can obtain through new production orders, according to reporting from CityNews Toronto.

Under the proposed legislation, police would be able to seek "subscriber information" from service providers by applying to a judge and demonstrating reasonable grounds to suspect criminal activity, as well as proving the information would assist their investigation. While the government asserts the measure is not sensitive because it excludes the contents of communications, Dufresne told senators that the current definitions of subscriber information and the range of entities involved are too broad given the reasonable suspicion threshold.

Dufresne noted that because the bill could apply to entities such as dating apps, financial institutions, lawyers, and healthcare providers, the resulting data could carry a "heightened expectation of privacy." To address this, the commissioner recommended narrowing the definition of subscriber information to a specific list of identifiers and limiting the scope of compelled organizations to "telecommunications service providers." Dufresne stated that without these changes, he would suggest a carve-out for privileged or medical information.

Public Safety Minister Gary Anandasangaree told a Senate committee that the bill ensures law enforcement can execute judge-authorized investigations and was shaped by collaboration with parliamentarians and stakeholders. Conversely, opponents of the bill argue the legislation flouts the Charter of Rights and Freedoms, expands the powers of intelligence and police agencies, and could make Canada less attractive for business. The government maintains the bill provides necessary tools to combat modern crime while remaining consistent with the Charter.