Appearance before the Standing Senate Committee on Legal and Constitutional Affairs (LCJC) on Bill S-209

October 2, 2025
Ottawa, ON

Opening statement by Philippe Dufresne
Privacy Commissioner of Canada

(Check against delivery)

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Good afternoon Mr. Chair, members of the Committee.

I am pleased to be here today to share my perspectives on Bill S-209, An Act to restrict young persons’ online access to pornographic material.

Championing children’s privacy rights is one of my strategic priorities, and one that is shared by many of my domestic and international counterparts. As you saw with the release of the findings last month from my joint investigation with provincial partners into TikTok, while the digital world presents many opportunities, it also brings many risks, particularly for young persons.

It is essential that regulators, along with governments, industry, and civil society, work together to prioritize the best interests of young persons, which includes their fundamental right to privacy, so that they are supported to be able to safely navigate the online world.

I would like to commend Senator Miville-Dechêne for her commitment and leadership on this important issue, and for giving me the opportunity to discuss these issues with her.

I support this Bill. In my appearance in May 2024, before the Standing Committee on Public Safety and National Security on a previous iteration of this Bill, I provided two primary recommendations:

• To limit the scope of application of the Bill; and
• To make certain enhancements to the criteria for prescribed age-verification and age-estimation methods to ensure that privacy is protected.

I am very pleased to see that they have been incorporated in S-209.

The Bill now stipulates that the Governor in Council must ensure, rather than consider, the criteria in question, which I believe is an important improvement.

The added requirement to limit the collection of personal information to that which is strictly necessary for the age verification or age estimation has also enhanced the Bill from a privacy perspective.

Prioritizing privacy is a critical factor in protecting individuals to safely navigate the online world, which can also foster confidence in technologies, such as age assurance, and ensure that this Bill can achieve its beneficial goal.

In the last year, my Office has conducted an exploratory consultation on age assurance.

The significant public interest in, and importance of, a well-considered approach to age assurance was reflected in the responses that we received from privacy and industry stakeholder groups, civil society, academia, technology policy think tanks, and interested individuals.

I believe that it is possible to implement age-assurance mechanisms in a privacy-protective manner. My Office is developing guidance on how this can be done.

In September 2024, I was one of a number of international signatories to a joint statement, which noted that “age assurance is intended to protect children within the digital world, while they explore online and develop, not to block their access to the digital world.”

I agree with comments from Senator Miville-Dechêne at Second Reading that “determining the precise scope of the bill in its actual operation is a delicate task.”

In this regard, should the Bill be adopted, it will be important for my Office to be involved in the review of regulation drafted by the Government and we will be ready to assist in any way that we can to ensure that privacy and the best interest of young persons are protected in the implementation stage of this Bill.

Thank you for the opportunity to provide these comments. I would now be pleased to answer your questions.