The Lawful Access Privacy Risks: Unpacking Bill C-22's Expansive Metadata Retention Requirements - Michael Geist

Much of the discussion around the new lawful access bill (Bill C-22) has focused on provisions that improved upon Bill C-2, notably the decision to scrap the warrantless information demand power by requiring judicial oversight for access to subscriber information. Yet despite that improvement, there remain serious privacy concerns with the government's latest iteration of lawful access. Buried in the second half of Bill C-22 is a provision granting the government the power to require “core providers” to retain categories of metadata, including transmission data, for up to one year. This is mandatory metadata retention that would require telecom and electronic service providers to store information about the communications of all their users, regardless of whether those users are suspected of anything. It is one of the most privacy invasive tools a government can deploy and the international experience suggests that there are major privacy risks.

www.michaelgeist.ca · Michael Geist