From the Doorstep to the Database: Political Parties, Campaigns, and Personal Privacy Protection in Canada

Abstract

This paper examines the Canadian privacy regime’s lack of regulation with respect to political parties, and chronicles the various privacy risks that exist as a result. It provides an overview of Canada’s unique political context, discusses the emergence of data-driven campaigns, and surveys the constitutional protections afforded to parties. This paper also engages in an overview of the various statutory and regulatory provisions that govern political parties in Canada. Specifically, it asserts that a patchwork approach to privacy regulation, necessitated by Canada’s federal framework, has allowed political parties to fall through the cracks. As such, political parties exist largely outside of a privacy regime that is preoccupied with regulating public bodies and commercial entities. Such a regulatory gap is of particular concern given the privacy risks inherent in data-driven campaigns. This paper concludes by highlighting the predominating privacy issues, and raises the question as to whether political parties should be treated as commercial entities.