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Privacy & Trust in a Digital Canada. ISED to Reform Privacy Laws

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Minister Bains is tabling a new Bill on Monday November 16, 2020 in the House of Commons entitled “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”. https://www.ourcommons.ca/DocumentViewer/en/43-2/house/sitting-29/order-notice/page-11

ISED outlined some “proposals to modernize the Personal Information Protection and Electronic Documents Act (PIPEDA)  – https://www.ic.gc.ca/eic/site/062.nsf/eng/h_00107.html

These are some of the changes ISED selected out of the hundreds of ideas they were presented with during their consultations.

It will be interesting to see if all the talk in 2018/19 meant anything. Remember Canada’s Digital Charter: Trust in a digital world? This was announced with a little fanfare in May 2019 and included the following 10 principles:

The 10 principles of the Charter

1. Universal Access:

All Canadians will have equal opportunity to participate in the digital world and the necessary tools to do so, including access, connectivity, literacy and skills.

2. Safety and Security:

Canadians will be able to rely on the integrity, authenticity and security of the services they use and should feel safe online.

3. Control and Consent:

Canadians will have control over what data they are sharing, who is using their personal data and for what purposes, and know that their privacy is protected.

4. Transparency, Portability and Interoperability:

Canadians will have clear and manageable access to their personal data and should be free to share or transfer it without undue burden.

5. Open and Modern Digital Government:

Canadians will be able to access modern digital services from the Government of Canada, which are secure and simple to use.

6. A Level Playing Field:

The Government of Canada will ensure fair competition in the online marketplace to facilitate the growth of Canadian businesses and affirm Canada’s leadership on digital and data innovation, while protecting Canadian consumers from market abuses.

7. Data and Digital for Good:

The Government of Canada will ensure the ethical use of data to create value, promote openness and improve the lives of people—at home and around the world.

8. Strong Democracy:

The Government of Canada will defend freedom of expression and protect against online threats and disinformation designed to undermine the integrity of elections and democratic institutions.

9. Free from Hate and Violent Extremism:

Canadians can expect that digital platforms will not foster or disseminate hate, violent extremism or criminal content.

10. Strong Enforcement and Real Accountability:

There will be clear, meaningful penalties for violations of the laws and regulations that support these principles.

 

At a high level, we should expect the new bill(s) to be announced Monday, to be in keeping with these principles.

We will be watching to see if ISED is able to satisfy both masters – Canadian citizens and Canadian businesses.

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