Jennifer Stoddart Retires As Federal Privacy Commissioner After A Decade Of Advocacy For Privacy Rights In Canada

On December 2, 2013, Jennifer Stoddart retired from her post as Canada’s federal Information and Privacy Commissioner, concluding a decade as an energetic and vocal advocate for privacy rights and access to information in Canada. Over the course of her tenure, Ms Stoddart confronted many businesses and individuals over practices that violate Canadian privacy law and succeeded in spurring them to change how they handle personal information. In 2009, Facebook agreed to modify its practices in relation to the collection and management of personal information after a report by the Office of the Privacy Commissioner concluded that many of its practices, such as indefinitely retaining the personal information of users who had deactivated their accounts, violated the Personal Information Protection and Electronic Documents Act (PIPEDA) (see E-TIPS®, Vol 9, No 7, October 6, 2010, “Federal Privacy Commissioner Satisfied with Facebook’s Implementation of its Privacy Recommendations”). In 2010, the Commissioner launched an investigation into the inadvertent collection of data from unsecured wireless networks by vehicles photographing streetscapes for Google Street View. In response, Google implemented several changes to address the Commissioner’s concerns, including increasing privacy and security training for employees; tracking projects that collect, use or store personal information; and reviewing proposals involving location-based data. (see E-TIPS®, Vol 9, No 24, June 15, 2011, “Canada’s Privacy Commissioner Issues Final Report on Google Street View WiFi Data Collection”. Ms Stoddart has also been an advocate for toughening Canadian privacy laws. In May 2013, she issued a report that recommended strengthening the provisions of PIPEDA in light of an increasing number of privacy breaches in the private sector. In her view, in its current state, PIPEDA does not provide sufficient incentive for entities to consider privacy in making risk assessments, and does not grant the Commissioner sufficient powers to enforce its provisions. The report recommended amending PIPEDA to provide the Commissioner with greater enforcement powers, require entities to report data breaches and notify the individuals affected by a breach; and create more stringent accountability and transparency standards for entities that collect personal information. (see E-TIPS®, Vol 11, No 23, June 5, 2013, “Canadian Privacy Commissioner Urges Tougher Privacy Laws”). Whether and how soon the federal government will follow those recommendations remains to be seen. For Ms Stoddart, advocacy has been a lifelong vocation. Prior to her appointment, and having trained as a lawyer, she spent over 20 years advocating for gender equality, human rights, and access to information. This included heading the Quebec Commission on Access to Information and holding senior positions at the Quebec Human Rights and Youth Rights Commission, the Canadian Human Rights Commission and the Canadian Advisory Council on the Status of Women. Shortly before her retirement, the Montreal Gazette conducted an exit interview with Ms Stoddart, in which she discussed the challenges she had faced in her work as Privacy Commissioner and the changes she has recommended that the government make to Canadian privacy legislation. When asked to discuss the biggest issues facing her successor, she said that they relate to national security matters, such as the implications of drones and facial recognition software, and the need for clearer regulation of privacy breaches committed by individuals. A transcript and video excerpt of the interview can be found here. Summary by: Kathryn May