Companies could face hefty fines under new Canadian privacy law

guest · Nov 18, 2020

Companies could face hefty fines under new Canadian privacy law
Innovation Minister Navdeep Bains introduced Digital Charter Implementation Act today
November 17, 2020
https://www.cbc.ca/news/politics/privacy-bill-bains-fines-1.5804779

The federal government is threatening to impose fines that could run to millions of dollars on private companies that violate Canadians' privacy.

Innovation Minister Navdeep Bains introduced the Digital Charter Implementation Act today — officially called 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." It represents one of the biggest shakeups in Canada's privacy law in decades.
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If the bill passes, companies could face fines of up to five per cent of global revenue or $25 million — whichever is greater — for the most serious offences. Bains said the legislation provides for the heaviest fines among the G7 nations' privacy laws.

"The fines are there to provide accountability," Bains told reporters.
The legislation also would give the federal privacy commissioner order-making powers — something Privacy Commissioner Daniel Therrien has long asked for — including the ability to force an organization to comply and to order a company to stop collecting data or using personal information.
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The bill is a "big win for privacy in Canada," said Laura Tribe, executive director of OpenMedia, which has long pushed for stronger laws.
"For years, people have been calling on the government to increase protections for our digital privacy, to no avail," she said.
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guest · Nov 18, 2020

Government of Canada: New proposed law to better protect Canadians’ privacy and increase their control over their data and personal information

November 17, 2020 – Ottawa, Ontario
The COVID-19 pandemic has transformed how Canadians live, work, access information and connect with each other, making digital technology more important than ever. The Government of Canada is committed to ensuring that Canadians can interact in this digital space trusting that their personal information is safe and secure and that their privacy is respected.

Today, the Honourable Navdeep Bains, Minister of Innovation, Science and Industry, introduced the proposed Digital Charter Implementation Act, 2020, which modernizes the framework for the protection of personal information in the private sector.
This legislation takes a number of important steps to ensure that Canadians will be protected by a modern and responsive law and that innovative businesses will benefit from clear rules, even as technology continues to evolve, including: [...]
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The proposed act is an initial step toward a comprehensive reform of Canada’s privacy framework. The Government of Canada is also proposing to modernize the Privacy Act, which applies to the federal public sector and which the Privacy Commissioner of Canada also oversees.
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Fact Sheet: Digital Charter Implementation Act, 2020

Through the proposed Digital Charter Implementation Act, 2020 (DCIA), the Government of Canada intends to establish a new privacy law for the private sector, the Consumer Privacy Protection Act (CPPA). If passed, the DCIA would significantly increase protections to Canadians' personal information by giving Canadians more control and greater transparency when companies handle their personal information. The DCIA would also provide significant new consequences for non-compliance with the law, including steep fines for violations.
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What does the Digital Charter Implementation Act, 2020 mean for me?

Meaningful consent: Modernized consent rules would ensure that individuals have the plain-language information they need to make meaningful choices about the use of their personal information.

Data mobility: To further improve their control, individuals would have the right to direct the transfer of their personal information from one organization to another.

Disposal of personal information and withdrawal of consent: The legislation would allow individuals to request that organizations dispose of personal information and, in most cases, permit individuals to withdraw consent for the use of their information.

Algorithmic transparency: The CPPA contains new transparency requirements that apply to automated decision-making systems like algorithms and artificial intelligence.
Individuals would also have the right to request that businesses explain how a prediction, recommendation or decision was made by an automated decision-making system and explain how the information was obtained.

De-identified information: The legislation will clarify that this information must be protected and that it can be used without an individual's consent only under certain circumstances.

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guest · Dec 26, 2020

Canada: Watch out, GDPR – Canada proposes strict new privacy law framework backed by significant fines
December 24, 2020
https://globalcompliancenews.com/ca...ramework-backed-by-significant-fines02122020/

In brief
In November 2020, Canada introduced new federal privacy legislation that, if adopted, will create one of the strictest data protection regimes in the world, accompanied by some of the most severe financial penalties, rivalling the standards in Europe and California. Companies with a connection to Canada will need to build the new federal law, and applicable provincial laws, into their global compliance strategy.
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On November 17, 2020, the federal government tabled Bill C-11, 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 (also known as the Digital Charter Implementation Act, 2020) to codify this framework. With the introduction of Bill C-11, Canada has taken a bold first step toward reasserting its position as a global leader in privacy protection, through enhanced requirements and rigorous enforcement tools and consequences.

Once enacted, the Consumer Privacy Protection Act (CPPA) will effectively replace the Personal Information Protection and Electronic Documents Act (PIPEDA) as Canada’s main privacy law. The reforms will fundamentally transform Canada’s approach to privacy enforcement and influence every corner of Canadian privacy compliance, affecting every company with a business connection to Canada.
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