Cable / Telecom News

Bains bill to update PIPEDA


OTTAWA – Minister of Innovation, Science and Industry Navdeep Bains, tabled Bill C-11 this morning – the Canadian Privacy Protection Act to update and strengthen Personal Information Protection and Electronic Documents Act legislation after 20 years.

In May the Canadian government had announced the launch of the Canadian Digital Charter and today’s legislation is an important part of this endeavor.

The Act proposes to:

  • increase control and transparency when Canadians’ personal information is handled by companies;
  • give Canadians the freedom to move their information from one organization to another in a secure manner;
  • ensure Canadians have the ability to demand that their information be destroyed;
  • provide the Privacy Commissioner with broad order-making powers, including the ability to force an organization to comply and the ability to order a company to stop collecting data or using personal information; and
  • ensure the strongest fines among G7 privacy laws—with fines of up to 5% of revenue or $25 million, whichever is greater, for the most serious offences.

“The Covid-19 pandemic has accelerated the digital transformation which is changing how Canadians work, access information, access services, and connect with their loved ones. This transformation is making concerns about privacy, and how companies handle Canadians’ data, more important than ever. As Canadians increasingly rely on technology we need a system where they know how their data is used and where they have control over how it is handled. For Canada to succeed, and for our companies to be able to innovate in this new reality, we need a system founded on trust with clear rules and enforcement. This legislation represents an important step towards achieving this goal,” Bains is quoted as saying in the press release.

Through the proposed Digital Charter Implementation Act, 2020, the government of Canada intends to establish a new privacy law for the private sector, the Consumer Privacy Protection Act (CPPA). The federal government is also proposing to modernize the Privacy Act, which applies to the federal public sector and which Canada’s privacy commissioner also oversees. (Yesterday, the federal department of justice launched an online public consultation regarding modernizing Canada’s Privacy Act.)

The Minister also indicated the Privacy Commissioner would get new resources to mange its increased responsibilities. A new Personal Information and Data Protection Tribunal will also be created to levy these administrative monetary penalties and hear appeals of the orders issued by the Privacy Commissioner.

Cartt.ca will monitor the evolution of this Bill in the House.