In our November 20 privacy update, we flagged key elements of Bill C-11,
the
Digital Charter Implementation Act, 2020, a bill that
was introduced on November 17, 2020 by the Minister of Innovation,
Science and Industry Navdeep Bains.
Bill C-11 had one day of debate on second reading, on November
24, 2020. Each of the opposition parties signalled support for the
general scope of the bill, meaning that it will likely pass this
round of debate in principle and be referred to committee to debate
the specifics of the proposed bill. Parliament s last day of
sitting was on December 11, 2020, and it will not return until
January 25, 2021.
Dec 22, 2020 3 mins read
The recent Netflix documentary, The Social Dilemma, may have highlighted to many Americans just what happens to the wealth of personal information they regularly – and willingly – share online. It may be especially concerning, then, to know that companies in the United States aren’t required by federal law to protect this information.
The outcome of the Presidential election may be about to change this, however. It’s widely anticipated that the question of data privacy will be a significant priority for the Biden Administration. The issue has been largely overlooked under President Trump, but with many other countries enforcing GDPR-type regulations, it’s time the US acknowledged the real importance of protecting its citizens’ personal information.
Bottom Line
On November 17, 2020, the Federal Government introduced Bill
C-11, the
Digital Charter Implementation Act, 2020
( Bill C-11 ). While Bill C-11 has only passed First
Reading at the time of writing this update, it proposes a number of
changes that would impact the way that organizations handle
personal information. Significantly, Bill C-11 would replace Part 1
of the
Personal Information and Electronic Documents Act
(
PIPEDA ) with the new
CPPA ).
PIPEDA, federally
regulated employers would be subject to the
CPPA with
respect to the personal information of their employees. An employer
is considered to be federally regulated where they are involved in
a federal work, undertaking or business. This includes, but is not
[co-author: Tawanna Lee]
On November 17, 2020, the Canadian Minister of Innovation, Science and Industry introduced Bill C-11, the Digital Charter Implementation Act, which proposes a new privacy law called the Consumer Privacy Protection Act (CPPA). The CPPA would overhaul Canadian privacy law and heighten the privacy obligations for businesses, including U.S.-based business, that are engaged in commercial activity in Canada and collect, use, or disclose the personal information of individuals in Canada. Canadian government officials estimate 18 months for the CPPA to make its way through committee and become law. While there may be changes to the proposed legislation as it works its way through committee, businesses with Canadian-based customers will need to carefully assess their privacy compliance programs to account for proposed changes in the law.
Gowling WLG
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McCarthy Tétrault LLP
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Crowe MacKay LLP
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Field LLP
While most of us will remember 2020 as the year of the pandemic, privacy nerds (they do exist) will also remember a year of large-scale federal and provincial privacy reforms that will carry into 2021