New proposed law to better protect Canadians’ privacy and increase their control over their data and personal information
Law to include the strongest fines among G7 for privacy laws
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:
- increasing control and transparency when Canadians’ personal information is handled by companies;
- giving Canadians the freedom to move their information from one organization to another in a secure manner;
- ensuring that Canadians have the ability to demand that their information be destroyed;
- providing 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
- ensuring 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 proposed Digital Charter Implementation Act, 2020 builds a foundation of trust and transparency between citizens, companies and government, while ensuring that innovators and businesses benefit from a modernized framework with clear rules.
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.
“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.”
– The Honourable Navdeep Bains, Minister of Innovation, Science, and Industry
The Digital Charter Implementation Act, 2020 advances the Digital Charter and its 10 principles.
The Office of the Privacy Commissioner of Canada will continue to oversee organizations’ compliance with the privacy law and have the power to issue orders and make recommendations for administrative monetary penalties.
A new Personal Information and Data Protection Tribunal will be created to levy these administrative monetary penalties and hear appeals of the orders.
Office of the Minister of Innovation, Science and Industry
Innovation, Science and Economic Development Canada
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