Canada passes new terrorism law.
by Swartz, Nikki
Canadian Privacy Commissioner Jennifer Stoddart now has new
oversight responsibilities under the recently enacted Proceeds of Crime
and Terrorist Financing Act (Bill C-25). Under the new law, the
commissioner's office is now required to regularly review the
Financial Transactions and Reports Analysis Centre's (FINTRAC)
compliance with Canada's Privacy Act.
FINTRAC is Canada's financial intelligence unit, a specialized
agency created in July 2000 to collect, analyze, and disclose financial
information and intelligence on suspected money laundering and terrorist
activities financing.
The Privacy Act grants the privacy commissioner the authority to
audit the personal information-handling practices of federal departments
and agencies. However, the Proceeds of Crime and Terrorist Financing Act
specifically mandates that the privacy commissioner review and report to
Parliament on FINTRAC's activities every two years. The
Commissioner's Office had plans underway to conduct an audit of
FINTRAC in 2007-08, pursuant to its authority under the Privacy Act,
prior to the passage of the new terrorism law.
"We understand the need to address suspected money laundering
and terrorist financing activities, but we do have concerns about the
potential impact on privacy rights resulting from an increase in the
amount of personal information collected and disclosed by FINTRAC,"
Stoddart said. "In light of this, I am pleased to see that we will
have increased oversight over these activities."
As a result of the passage of the new terror Bill C-25, the number
of organizations required to monitor and collect information about their
clients and customers will increase, the amount of personal information
being collected will expand, and more transactions will be subject to
scrutiny and reporting. FINTRAC also will be able to share more
information with more organizations.
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