Home > C13, CETA, CSEC, Digital Policy, EU, Privacy, Telecommunications > Canadian Cyber Bullying Legislation a Threat to EU Data Privacy

Canadian Cyber Bullying Legislation a Threat to EU Data Privacy

A few months ago, I blogged about the possibility that the EU would be reviewing our privacy laws due to the NSA disclosures and Canada’s role in US surveillance. Since that date, there have been staggering disclosures regarding warrant-less access to subscribers’ information by the telecommunications companies in Canada, legislation drawn up that is a blatant attempt to expand warrant-less access, and a lawsuit launched this week on the constitutionality of the misuse of our current privacy laws by government and telecommunications companies.

Conveniently Canada for the most part has entered this debate under the radar of the EU Justice Commission most likely as a result of the EU being busy dealing with the US disclosures of its citizen’s data, and being in an election campaign for EU Parliament. Politically this would be the best time for the Canadian government to try and squeak surveillance legislation through under the noses of the EU Justice Commission. Judicial redress has been a big sticking point for US and EU trade negotiations, something the cyber bullying legislation seeks to dismiss for Canadian telecom and is most likely a result of heavy lobbying by the telecom industry to avoid accountability for essentially being accessories to constitutional crimes against the Canadian citizenry, and quite possibly breaking EU and international law.

The last review of our privacy laws by the EU was in 2006, in which found no evidence of abuse at the time. Abuse has certainly occurred over the years, and the EU Parliament in recent months have been steadfast on curtailing warrant-less disclosures that are being abused by the US Government and US law enforcement. I have a hard time believing that EU Parliament and the EU Commission would agree to such abuse that has been now disclosed. Simply put recent comments that were made in the media by Canadian government officials over the months regarding the adequacy of our laws with the EU are out of date, and sorely inaccurate considering recent disclosures of current warrant-less access by our telecom companies. From following the diplomatic stance the EU Justice Commission has taken in recent months with the US that the EU will have stark issues with what the Canadian Government and Canadian Law Enforcement have been up too.

This week I’ve tweeted out a few links to Paul Nemitz who is a director at the EU Justice Commission making him aware of the situation and public debate in Canada in hopes to put pressure on the government to abide by the constitutional rights of not just Canadians but ensure that going forward, any breaches of EU law are dealt with accordingly. Next week is when Vice President to the EU Commission Viviane Reding returns back from paid leave. Reding has been extremely outspoken regarding data privacy in recent months with the US, and I would find it hard to believe that if the information sent to Nemitz landed on her desk, that Reding wouldn’t pipe up either through diplomatic channels or publicly on the abuse and subsequent adequacy of our privacy laws.

Next week is when a large portion of our legal community in Canada will be also speaking out on the current lack of privacy on the cyber bullying bill C-13 in committee in which I’m expecting calls from the legal community to have government split the bill. Pass the cyber bullying portion of it, and separate the surveillance portion of it for further study. That maybe a wise move, in order to ensure that Canada’s economic trade isn’t put at risk with the EU under the leadership of Defense Minister Peter McKay and Prime Minister Harper.

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