CPPA Archives

Government proposals to amend CPPA and AIDA: the good, the bad, and the challenges ahead Part 1

In response to criticisms about Bill C-27, the Digital Charter Implementation Act, 2022, and especially criticisms related to AIDA, the Government disclosed amendments it proposes to make while the Bill is before the INDU Committee. This blog focuses on the proposed amendments and, in particular, the areas where the Minister’s proposed amendments have helped to move the Bill in the right direction or have failed to address or failed adequately to address criticisms of the Bill.

I first provide some background explaining the genesis of the amendments and then provide an analysis of the amendments.…

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Legality of search engines and AI systems under PIPEDA and CPPA: Google v Privacy Commissioner

The Federal Court of Appeal just released an important opinion in Google LLC v. Canada (Privacy Commissioner) 2023 FCA 200, holding that Google cannot rely on the journalistic exception in PIPEDA to operate legally in Canada. The decision is a frustrating one because it fails to resolve whether PIPEDA’s restrictions on Google and other search engines are consistent with the Charter and if not, how search engines and artificial intelligence systems can operate legally in Canada. These important questions are unlikely to be resolved soon under the OPC’s ill conceived reference process.…

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Digital Charter Implementation Act and CPPA

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CPPA
Privacy

CPPA: problems and criticisms – automated decision making

Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

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CPPA
Privacy

CPPA: problems and criticisms – appropriate purposes

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CPPA
Privacy

The Digital Charter Implementation Act: problems and criticisms – the preamble

Canada is planning to revamp its comprehensive privacy law by repealing the existing privacy law, PIPEDA, and by enacting Bill C-27, the Digital Charter Implementation Act (“DCIA”). This law would enact three separate but interrelated laws, the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DCIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.…

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Using privacy laws to regulate automated decision making

Making decisions about individuals using computers and computer algorithms is now commonplace. There are now also increasing proposals to use privacy laws to regulate automated decision making. One of the first explicit attempts to regulate automated decision-making using privacy laws is the European Union General Data Protection Regulation (GDPR). More recently (and locally), both the Consumer Privacy Protection Act (CPPA), Canada’s proposed controversial new privacy law, and Bill 64, Quebec’s proposed privacy amendments, would enact new transparency and explainability obligations for automated decision making.…

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Crestview panel on what the CPPA means for Canadians

I had the pleasure of participating today in a Crestview moderated panel that focused on what the CPPA means for Canadians. I was joined by Jackie Choquette, Interim Practice Lead, Government Relations, Crestview Strategy, Sarina Rehal, Vice President, Crestview Strategy, and Bill Abbott, Director Data Policy and Research, Data & Trust Office, TELUS.

You can view a recording of the Crestview moderated panel below:

If you just want to see the slides used at the Crestview moderated panel, they are below:…

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CPPA

Liability under the CPPA

The headlines about the new proposed federal privacy law, the Consumer Privacy Protection Act (“CPPA”), frequently focus on the extremely high penalties and fines for non-compliance. But, these headline miss by a wide margin how onerous liability under the CPPA will be.

The liability under the CPPA will be a major departure from the PIPEDA regime. The changes are explained in the detailed blog post, The CPPA’s Privacy Law Enforcement Regime published by McCarthy Tetrault lawyers Gillian Kerr, Nikiforos Iatrou, Pippa Leslie and I (with help from Daanish Pasricha).…

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AIDA - Regulation of AI systems in Canada

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CPPA: transfers of personal information to service providers

The Consumer Privacy Protection Act (CPPA) will make substantial changes to Canada’s privacy law. As noted previously, the bill includes many of the provisions in the Personal Information Protection and Electronic Documents Act (PIPEDA), plus a lot more. In some cases, it builds on the provisions of PIPEDA, on the guidance and decisions of the Commissioner, but includes changes designed either to clarify or change the law. A case in point are the very important new provisions which address transfers of personal information to service providers.…

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