IIAC RESPONDS TO THE ONTARIO GOVERNMENT’S PUBLIC CONSULTATION ON MODERNIZING PRIVACY IN ONTARIO
The IIAC’s response to the public consultation noted that IIAC members recognize the importance of having a robust and comprehensive regulatory regime to ensure the privacy of individuals is protected, and that members have developed robust data protection processes and safeguards for their firms and in their interactions with third party processors. The IIAC expressed concern that the further expansion of the provincial patchwork of privacy rules will introduce additional regulatory inconsistencies leading to increased uncertainty, inefficiencies, and compliance costs for Canadian entities operating within and outside of Canada, and foreign entities seeking to do business in Canada.
The IIAC believes the best way to protect personal information is for Canadian jurisdictions to adhere to the existing federal legislation, as is currently the case for Ontario businesses that are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA). PIPEDA has proven to be a practical, established, and well-understood framework for companies and individuals whose information is protected.
Rather than creating a new legislative framework, and the bureaucratic infrastructure to support new Ontario regulation, the IIAC strongly recommended that any perceived gaps relating to certain provincial entities be dealt with on a targeted basis, using the provisions in PIPEDA, or Bill C-11, if enacted, as a template for the way in which these situations are handled.
Our submission also commented in some detail about proposed provisions that are inconsistent with existing and proposed federal regulation that would create confusion and further inefficiencies in compliance.
For additional information, please contact Susan Copland.