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ETHI Committee Report

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LIST OF RECOMMENDATIONS

 

As a result of their deliberations committees may make recommendations which they include in their reports for the consideration of the House of Commons or the Government. Recommendations related to this study are listed below.

Recommendation 1

That the Government of Canada amend the Privacy Act to include an explicit obligation for government institutions to conduct privacy impact assessments before using high-risk technological tools to collect personal information and to submit them to the Office of the Privacy Commissioner of Canada for assessment.

Recommendation 2

That the Government of Canada create a list of banned spyware vendors and establish clear rules on export controls over surveillance technologies.

Recommendation 3

That the Government of Canada review Part VI of the Criminal Code to ensure that it is fit for the digital age.

Recommendation 4

That the Government of Canada amend the preamble to the Privacy Act and the Personal Information Protection and Electronic Documents Act to indicate that privacy is a fundamental right.

Recommendation 5

That the Government of Canada regularly remind former elected or appointed members or any individuals who have previously worked for a national security agency of their lifetime obligations under the Security of Information Act and obtain acknowledgment of their understanding of these obligations.

Recommendation 6

That the Government of Canada grant the Office of the Privacy Commissioner of Canada the power to make recommendations and issue orders in both the public and private sectors when it finds violations of the laws for which it is responsible.

Recommendation 7

That the Government of Canada amend the Privacy Act to include the concept of privacy by design and an obligation for federal institutions subject to the Act to meet this standard when developing and using new technologies.

Recommendation 8

That the Government of Canada establish an independent advisory body composed of relevant stakeholders from the legal community, government, police and national security, civil society, and relevant regulatory bodies, like the Office of the Privacy Commissioner of Canada, to review new technologies used by law enforcement and to establish national standards for their use.

Recommendation 9

That the Government of Canada amend the Privacy Act to include explicit transparency requirements for government institutions, except where confidentiality is necessary to protect the methods used by law enforcement authorities and ensure the integrity of their investigations.