Financial penalties are not the power of the Privacy Commissioners.
A group of Canadian privacy watchdogs renewed calls to toughen the country's privacy regulations Wednesday after a joint investigation that found coffee chain Tim Hortons broke the law.
The operator of Tim Hortons in Canada has agreed to comply with corrective recommendations that emerged from the probe, but privacy Commissioners from B.C.,Alberta and Quebec as well as federal privacy commissioner Daniel Therrien lamented their inability to impose financial penalties in such
Therrien told reporters during a press conference that he doesn't have the authority to impose a penalty because he doesn't have the ability to.
There is an issue of trust and the federal government is aware of it.
Canada is taking a long time to update its privacy laws.
In response to questions from the media, Therrien acknowledged that it is possible that other companies are doing the same things as Tim Hortons, and that there aren't enough safeguards to stop them.
He advised consumers to be alert, but also acknowledged that they can't do everything.
There should be financial penalties
Daniel Therrien
In addition to being alert, consumers need to be reassured that there is an independent third party with some expertise and knowledge of practices that can intervene when required.
Franois-Philippe Champagne is a spokesman for the federal minister of innovation, science and industry.
The government supports responsible innovation, enhances enforcement powers and protects the privacy of Canadians.
The government is going to introduce digital charter legislation soon.
She said that they look forward to co-operation to make sure that Canadians have trust in the laws that govern data and the digital economy.
There can be no innovation and economic growth without consumer trust, according to Therrien.
He said that it was unfortunate that we weren't there yet, but that he would have thought that by now it would be understood that laws respect this simple equation.
Michael McEvoy, British Columbia's information and privacy commissioner, said the Tim Hortons findings underscore the need for law reform at the federal and provincial levels.
Commissioner Therrien doesn't have the authority to make orders at a federal level.
According to McEvoy, B.C.,Alberta and Quebec could have ordered the company to come into compliance but they didn't because Tim Hortons has agreed to the recommendations.
The laws have no teeth and it is frustrating to hear what will happen as a result of this.
We have all been advocating for law reform and more effective penalties that would bring in Canadian privacy laws up to international standards.
Diane Poitras is the president of the Commission d'accs l'information du Québec.
The maximum fine that Tim Hortons could have been reprimanded for is $10,000.
The Tim Hortons case shows that Canada doesn't have the means to enforce its privacy legislation, according to the executive director of the master of public policy program.
Consumers aren't being protected. People are not being protected. She said that she was disappointed about it.
According to Bednar, Canada would have had an answer to this issue with the digital charter it started to introduce years ago.
Dpaglinawan@postmedia.com and denise.pglnwn are email addresses.
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