The federal New Democratic Party wants a judge to overrule B.C.’s privacy commissioner’s investigation into how federal parties’ privacy policies might impact provincial voters.
Commissioner’s delegate David Loukidelis said in March that federal parties are subject to provincial privacy policies. As such, he said, investigations into complaints about parties’ practices can proceed.
Those complaints came from three British Columbians who asked major parties what personal information those parties possessed about them, how it was used and to whom it had been disclosed.
All four parties responded but the people laid complaints with the commissioner’s office, thus sparking a probe into whether or not law protecting the privacy of British Columbians applied to the federal parties.
“The NDP, along with the Liberal Party of Canada and the Conservative Party of Canada took the position that the commissioner was without jurisdiction and that PIPA [Personal Information Protection Act] did not apply to federal political parties,” the NDP said in an April 12 petition to B.C. Supreme Court.
Loukidelis’ decision was the first time in Canada where a privacy regulator asserted jurisdiction over federal political parties.
What it said was that B.C.’s PIPA serves to protect British Columbians’ personal information by regulating organizations’ personal information handling practices.
The message the decision sent to the parties is that they must ensure their personal information collection, use, and disclosure practices in the province comply with the act, even if they are not subject to similar requirements in other provinces.
Loukidelis noted the parties have maintained PIPA does not apply to them. The parties suggested federal law applies to them, that B.C. law does not.
The petition said how parties use voters’ information is subject to the Canada Elections Act.
“The NDP has significant protections for personal information and its privacy policy is in strict compliance with Canadian privacy principles,” the petition said.
The NDP wants the court to quash the decision that PIPA applies to the federal parties and to make a declaration that the B.C. commissioner has no jurisdiction over those parties.
