Read on Twitter
Great to see the Digital Charter Implementation Act 2020. The first substantial change in 20 years it is much needed and overdue. The bill reflects many of the changes and practices FIPA has advocated for that are considered international best practice. https://parl.ca/DocumentViewer/en/43-2/bill/C-11/first-reading
C-11 has a comprehensive list of proposed improvements, including order-making powers for the Commissioner, administrative monetary penalties, data portability, algorithmic transparency, a whistleblower provision, provisions covering cross-border data transfers.
It embeds privacy principles directly in the text of the act.
The additional of a new oversight tribunal presents a possibility for privacy laws to have real teeth, BUT that will depend on who is on it and whether they reflect the interest of all Canadians and not merely corporate interests.
Complexities regarding standards of consent as well as when and how de-identified personal information can be used and shared require careful analysis, particularly in the context of ‘smart cities’ and ‘public-private partnerships’.
Some important rights appear to be missing including the right to be forgotten. There are also many important factors addressed through yet to be drafted regulations including codes of conduct and data mobility provisions.
While we are optimistic, the bill may be further amended or simply die on the order paper. C-11 is a major rewrite and we will be reviewing it in the days and weeks ahead. We welcome your thoughts. Be sure to let us know your take on C-11 here or via email [email protected]
