Bill C-26

THE IMPLICATIONS OF BILL C-26

3 mins read

The government of Canada has just introduced a new bill, Bill C-26, intended to improve the country’s cyber security.

While this is undoubtedly a laudable goal, organizations and the public should be aware of some potential implications of the bill. In particular, Bill C-26 would give authorities new powers to track and monitor digital activity, including online communications. This could have a significant impact on privacy rights in Canada.
Recently, we’ve seen a dramatic increase in the number and sophistication of cyber attacks. Cybercriminals are becoming increasingly more sophisticated, targeting everything from consumer electronics to medical devices to critical infrastructure. Cybercriminals’ attacks may have a far-reaching influence on people, businesses, and critical infrastructure owners. The private and public sectors must work together to protect Canada’s cyber security. The Canadian government has just introduced a new bill, C-26, to safeguard Canadian cyber security.

On June 14, 2022, the Canadian government shelved Bill C-26, “An Act Respecting Cyber Security.”

The bill aims to update Canada’s Telecommunications Act to include security as a long-term aim, linking telecommunications with other essential sectors. It also creates the Critical Cyber Systems Protection Act (CCSPA), which lays the groundwork for safeguarding critical infrastructure from cyber-attacks.

 Critical Cyber Systems Protection Act (CCSPA)

The CCSPA will give the government the power to compel companies to take specific actions to protect their systems and will also allow the government to impose fines on companies that fail to do so. This is a significant step forward in protecting Canada’s cyberspace, and it is hoped that this bill will help reduce the number of cyber-attacks in the future.
The CCSPA would need Designated Operators to:

Establish a cyber security program;
Notify appropriate regulators of certain events;
Mitigate supply-chain and third-party risks;
Immediately report cyber security incidents; and
Maintain compliance records.

These measures would help guarantee that critical infrastructure is resistant to cyber attacks. Still, they would also strain firms attempting to keep up with the fast-evolving cybersecurity industry.

Changes to the telecommunication act

The new Bill C-26 would also change the telecommunication act, giving the government more power to monitor and track digital activity. This could potentially negatively impact Canada’s privacy rights, as the government would be able to collect more information on Canadians without their knowledge or consent.
The bill also has implications for 5G technology. 5G is the next generation of wireless technology that promises to revolutionize our lives and work. It is expected to provide faster speeds, lower latency, and more reliable connections. However, 5G also comes with security risks, as it uses a higher frequency of waves that can penetrate walls and other obstacles. This means that 5G signals could be intercepted faster than other signals.

As the 5G rollout begins in Canada, the government will need to take steps to ensure that 5G networks are secure. Otherwise, there is a risk that 5G could be used to launch cyber-attacks or to collect sensitive data.

The new Bill C-26 is a step in the right direction, but some concerns still need to be addressed. Organizations and the public should be aware of the implications of the new bill, as it could significantly impact privacy rights in Canada.

How this new bill compares to past legislation governing cyber security

Canada has previously had a variety of cyber security laws. The Cyber Security Strategy, released in 2010, is the most notable. Bill C-26 is the first time the Canadian government has proposed new legislation focused on cyber security. The new bill has several different implications for Canada’s cyber security. One of the most notable is that it creates the Critical Cyber Systems Protection Act. *This act gives the Canadian government the authority to protect critical infrastructure from cyber-attacks.* This is a significant change from the previous strategy, which did not mention critical infrastructure. The Critical Cyber Systems Protection Act (CCSPA) would give the government new powers to protect critical infrastructure from cyber-attacks. This includes things like power plants and water treatment facilities. The bill would also create a new agency, the Canadian Centre for Cyber Security, to help coordinate efforts to protect critical infrastructure from cyber-attacks.

This new bill builds on past legislation, such as the Personal Information Protection and Electronic Documents Act (PIPEDA), to better protect Canadians in the digital age from cyber threats. So what’s different about this new bill? For one, it creates a new offense for *” theft of transmission data.”* This is important because it helps protect Canadians’ personal information transmitted online.

Another key difference is that the bill imposes *stricter penalties* for those who violate Canadians’ privacy. For example, under the new bill, individuals could face up to five years in prison for unauthorized use of personal information.

 

Criticisms of the bill

Some have criticized the new bill as being too broad and giving too much power to law enforcement. However, these criticisms may be misplaced. The bill targets serious cybercrime and includes several safeguards to protect civil liberties. For example, warrants will only be issued in cases with evidence of a severe crime. Moreover, the bill contains several sunset clauses, meaning it will expire after a certain period unless Parliament renews it. This ensures that the powers granted to law enforcement are not open-ended and can be reviewed regularly.

Conclusion:

The new Bill C-26 is an important step in the right direction for protecting Canada’s digital infrastructure and improved national defence. This is a welcome change, as it will help to keep Canadians safe from the growing cyber incidents. While there are still some areas that need improvement.
What do you think about Bill C-26? Is there a chance that greater government involvement in cybersecurity will help raise Canada’s position? Let us know in the comments!

 

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