Privacy watchdog urges Senate to further amend Liberals' controversial lawful access bill

Ottawa has been abuzz over privacy commissioner Philippe Dufresne’s call for amendments to the government’s “lawful access” bill, Bill C-22. Dufresne argues that the bill should be modified to limit the scope of subscriber information authorities can access through new production orders. Currently, police can obtain a general production order from a court to obtain subscriber details like name, address, and email.

The proposed legislation would create a narrower court order, requiring police to apply to a judge and prove reasonable grounds for suspecting criminal activity. They must also show that subscriber data would aid their investigation.

Dufresne expressed concern that the bill's definition of "subscriber information" and the range of individuals from whom it can be obtained are too broad, especially considering the sensitivity of the data involved. He suggested narrowing the definition to a finite list of discrete identifiers and restricting the range of people or organizations to telecommunications service providers.

The government maintains that the bill aims to give law enforcement the tools to prevent, investigate, and respond to modern crime while respecting the Charter of Rights and Freedoms. Critics, however, contend that the legislation unnecessarily expands police and intelligence agencies' powers, potentially undermining privacy and making Canada less attractive for business.

Public Safety Minister Gary Anandasangaree defended the bill, stating it was shaped through extensive stakeholder engagement and made stronger through collaboration.