D.O.Eh: Here's the new privacy law Canada can't really enforce

guest · Oct 30, 2018

D.O.Eh: Here's the new privacy law Canada can't really enforce
Commissioner doubts ability to carry out data breach rules
October 30, 2018
https://www.theregister.co.uk/2018/10/30/canada_data_breach/

The Canadian government this week will be enforcing a strict new privacy law, with the term "enforcing" up to interpretation because the regulator says he can't enforce it.

America's hat says the Personal Information Protection and Electronic Documents Act will be going into effect with the new data breach reporting rules on November 1 for all companies who do business in the Great White North.

"Whether a breach of security safeguards affects one person or a 1,000, it will still need to be reported if your assessment indicates there is a real risk of significant harm resulting from the breach," the Canadian Privacy Commissioner's Office said of the rules.

"As well, the government has not provided the Privacy Commissioner’s office with resources to analyze breach reports, provide advice and verify compliance. As a result, the office’s work will be somewhat superficial and the regime will be less effective in protecting privacy."
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guest · Jan 2, 2020

Canada plans revamp of its data privacy law
January 2, 2020
https://portswigger.net/daily-swig/canada-plans-revamp-of-its-data-privacy-law

Canada is ringing in the New Year with a proposal to revamp the country’s data privacy laws, including strengthened powers for its information regulator.

Outlining his government’s priorities in a mandate letter issued before Christmas, Prime Minister Justin Trudeau said that new online rights needed to be established in order to bring Canada’s Digital Charter into the next decade.
Ability to withdraw consent for data collection and remove some personal information, in particular, are outlined, among other, albeit vague, initiatives focused on the data practices of both government and business.

Whether these revisions have gone far enough is perhaps answered by the Government’s stated initiatives for 2020. However, David Fraser, a privacy lawyer for McInnes law firm in Halifax, Nova Scotia, maintains that many of the elements spotlighted already exist in PIPEDA, including a ‘right to erasure’ and an individual’s ability to withdrawal previously issued consent from personal data collection.
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The power of enforcement
Enforcement has been a key issue within the discussion of privacy law reform, with the Ministry of Innovation, Science and Economic Development (ISED) reviewing whether businesses are sufficiently incentivized to comply with any current and future data regulation. Penalties for non-compliance are rare and are currently administered by the Attorney General of Canada.

A survey conducted by the OPC in 2016 found that 74% of Canadians questioned thought they had fewer privacy rights than they did ten years ago. Most (71%) said they supported companies being subjected to stricter financial penalties.
“It will be interesting to see where the conversation goes and whether the government has an actual appetite to completely revisit our privacy framework,” he added.
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