On November 17, 2020, the federal Minister of Innovation, Science, and Industry tabled new regulation, the Digital Charter Implementation Act, 2020, intended to establish a new privacy law for the private sector, the Consumer Privacy Protection Act (CPPA), that would replace the Personal Information Protection and Electronic Documents Act (PIPEDA). If implemented, it would make several significant changes to existing privacy regulation and bring Canadian law more in line with the European General Data Protection Regulation (GDPR). Notable changes include:
- Providing the Privacy Commissioner with broad order-making powers—the ability to force an organization to comply with its requirements under the CPPA and the ability to order a company to stop collecting data or using personal information.
- Establishing a Personal Information and Data Protection Tribunal.
- Imposing administrative monetary penalties of up to 3% of global revenue or $10 million for non-compliant organizations.
- Expanding range of offences for certain serious contraventions of the law, subject to a maximum fine of 5% of global revenue or $25 million.
- Allowing organizations to ask the Privacy Commissioner to approve codes of practice and certification systems that set out rules for how the CPPA applies in certain activities, sectors or business models to demonstrate compliance.
- Simplifying consent by removing the burden of having to obtain consent when that consent does not provide any meaningful privacy protection.
- Allowing individuals to request that organizations dispose of personal information and, in most cases, permit individuals to withdraw consent for the use of their information; request that businesses explain how a prediction, recommendation or decision was made by an automated decision-making system; and direct the transfer of their personal information from one organization to another (data mobility).
The IIAC Data/Privacy Committee will be reviewing the Bill and providing comments to the government. If you are interested in joining the Committee for this project please contact Susan Copland.