Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
This site is about technology, copyright, and privacy Law
Barry Sookman
Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
Subscribe
  • Privacy

Canada’s Digital Charter privacy law

  • November 17, 2020
  • Barry Sookman
AIDA - Regulation of AI systems in Canada
Total
0
Shares
0
0
0

Personal data is the new oil. Yet, the commoditization and uses of personal data in innovative and other ways often collides with the individual and public interest in observing reasonable expectations of privacy. Privacy has been at the crossroads in Canada; our existing privacy law is over 20 years old –  in digital terms – over 140 years old. After much consultation the government introduced a new bill to catch us up with the somewhat long name An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Acts.

The bill includes many of the provisions in PIPEDA, plus a lot more. It gets rid of the CSA Model Code and now includes them, with changes, as part of the law. The bill has substantial teeth. There is a new tribunal that can impose substantial penalties (the greater $10,000,000 and 3% of the organization’s gross global revenues), even steeper fines for offenses, and a new private right of action that can brought based on findings made by the Commissioner or the new tribunal. The Commissioner also has much greater powers including the ability to recommend penalties, to make orders, and to demand demonstrable accountability, in certain circumstances.

The rules related to consent have changed. There are a host of new exceptions. There are new rights for data mobility and new rules related to automated decision making and de-identifying and making use of de-identified personal information.

Make no mistake, if this bill is passed, it will require all organizations to review their privacy practices and agreements with users and business partners. The bill will need to be assessed against other standards and evolving provincial laws for compatibility and interoperability. There will undoubtedly be many suggestions for changes including technical changes to better implement the intended government policies. We should expect many industry and other organizations will want to thoroughly vet the new bill and identify areas of concern or which need clarification.

For background you may want to review:

    • Canada’s Digital Charter: Trust in a digital world
    • Strengthening Privacy for the Digital Age
    • Fact Sheet: Digital Charter Implementation Act, 2020
    • Modernizing Canada’s Privacy Act – Online Public Consultation

I also refer you to the McCarthy Tetrault blog post, Hello CPPA & PIDPT: The Federal Government Proposes Dramatic Evolution of PIPEDA.

 

Related

Total
0
Shares
0
0
0
0
Related Topics
  • Canada privacy law
  • Consumer Privacy Protection Act
Previous Article
  • Privacy

PIPEDA by the numbers: lessons for privacy law reform in Canada?

  • October 12, 2020
  • Barry Sookman
View Post
Next Article
AIDA - Regulation of AI systems in Canada
  • CPPA
  • PIPEDA
  • Privacy

CPPA: transfers of personal information to service providers

  • November 23, 2020
  • Barry Sookman
View Post

Subscribe

Subscribe now to our newsletter

You May Also Like
Digital Charter Implementation Act and CPPA
View Post
  • CPPA
  • Privacy

CPPA: problems and criticisms – automated decision making

  • Barry Sookman
  • December 18, 2022
Digital Charter Implementation Act and CPPA
View Post
  • CPPA
  • PIPEDA
  • Privacy

CPPA: problems and criticisms – anonymization and pseudonymization of personal information

  • Barry Sookman
  • December 5, 2022
Digital Charter Implementation Act and CPPA
View Post
  • CPPA
  • PIPEDA
  • Privacy

CPPA: problems and criticisms – service provider obligations

  • Barry Sookman
  • November 13, 2022
Digital Charter Implementation Act and CPPA
View Post
  • CPPA
  • Privacy

CPPA: problems and criticisms – appropriate purposes

  • Barry Sookman
  • October 31, 2022

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Subscribe

Subscribe now to our newsletter

Barry Sookman
This site is about technology, copyright, and privacy Law

Input your search keywords and press Enter.

We may be using cookies to give you the best experience on our website.

 

Barry Sookman
Powered by  GDPR Cookie Compliance
Privacy Overview

This website may use cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.