ETHI Committee Report

NDP Supplementary Report on The Growing Problem of Identity Theft and its Social and Economic Repercussions by the Standing Committee on Access to Information, Privacy and Ethics.

While we support the overall conclusions and recommendations of the Committee report, the New Democratic Party believes that the government has failed to address some key aspects of identity theft and its impacts.

The NDP agrees that identity theft is a growing problem that the Canadian Government must take seriously. The fight against identity theft and the protection of personal information are key components of a strong digital economy in Canada. Canadians need to have confidence in the digital technologies that they use. This means that Canadians must feel safe when disclosing their personal information online so that they do not leave themselves vulnerable to identity theft. It is up to government to ensure that Canadians’ information is, in fact, safe from theft, and that the information government holds is adequately protected.  We need privacy protections and policies that are suited to the 21^st century.

The study conducted by the ETHI committee in many ways reiterated the need for the Government and industry leaders to address the growing problem of identity theft. The New Democratic Party makes the following additional common-sense recommendations:

Supplementary recommendation 1: The NDP urges Internet Service Providers and IT companies to publicly and annually report all requests made from government agencies for personal subscriber information. The reports should include the number of requests, the types of information requested and the ISP’s responses to the request. 

During their respective testimonies, Rogers and Google both stipulated that their organizations have committed to publicly reporting the numbers of requests for personal information made by government agencies. The NDP commends this positive step forward and believes that all Internet service providers and IT companies should follow their lead to increase transparency surrounding government agency requests for personal information. This practice helps Canadians make informed decisions and understand the implications of the potential use of their personal information.

Supplementary recommendation 2: The NDP recommends that the Government publish an annual report containing information on the number of requests made to Internet service providers for personal subscriber information. The reports should include requests broken down by government agencies, the types of information requested and the success of the request. 

As suggested by Rogers during their testimony, government agencies must also play a part in shining the light on the millions of requests that are made to Internet service providers by government agencies each year. The NDP believes that Canadians have a right to know when the government requests their personal information. Increased transparency in this area is a must. 

Supplementary recommendation 3: The NDP recommends that the Government of Canada develop a targeted strategy to reduce the occurrence of identity theft in First Nations communities. 

Testimony heard by the committee by Forest Green made it quite clear that First Nations are particularly vulnerable to having their identities stolen. The NDP thinks that their particular vulnerability requires a targeted strategy. A blanket approach to the problem of identity theft will not adequately address the particular realities of First Nation communities. 

Supplementary recommendation 4: The NDP recommends that the Canada Revenue Agency develop guidelines surrounding the use of Social Insurance Numbers by private organizations. 

There is currently no law in place that restricts private organizations from requesting Canadians to provide their Social Insurance Numbers (SINs) for purposes other than those relating to employment or taxes. This policy vacuum leads to the potential abuse of SINs that could lead to cases of identity theft.

Supplementary recommendation 5: The NDP recommends that the Government of Canada consider ways in which it could allow private organizations to verify the authenticity of government issued I.Ds.

Testimony given by TransUnion raised the concern that private organizations had no method of verifying the authenticity of government issued I.D. Addressing this problem will help diminish the use of counterfit government I.D.s and thus help reduce the occurrence of identity theft. 

Supplementary recommendation 6: The Committee urges that credit monitoring agencies offer credit freezes to their customers. 

As highlighted by witness Philippa Lawson, Canadian credit agencies do not currently offer credit freezes that would prevent credit agencies from divulging a customer’s credit history. New Democrats believe that many cases of identity theft could be prevented by offering this service.

Supplementary recommendation 7: The NDP recommends that the Government of Canada update the Privacy Act to include mandatory data breach reporting requirements for all government agencies. 

When data breaches go unreported, it is impossible for Canadians to take the necessary steps to protect themselves against the threat of identity theft. By refusing to update the Privacy Act to make it mandatory for all government departments to report data breaches, the Government is refusing to give Canadians the tools they need to protect themselves.

Supplementary recommendation 8: The NDP recommends that the Government of Canada give the Privacy Commissioner of Canada order making power to ensure compliance to Canadian privacy laws such as PIPEDA and the Privacy Act. 

The Government must give the Privacy Commissioner the tools he needs to do his job to ensure the protection of Canadian’s personal information. Unfortunately the government’s refusal to update our privacy laws for the 21^st century has put the protection of Canadian’s privacy at risk in the modern global economy.

The common sense recommendations found in our supplementary report reiterate the NDP’s support for measures that will counter the growing problem of identity theft and ensure that there is a comprehensive plan to address this problem.