This Div is a JS Trigger
Issue 66 | November 2020

LIANSWERS

This newsletter includes information to help lawyers reduce the likelihood of being sued for malpractice. The material presented is not intended to establish, report, or create the standard of care for lawyers. The articles do not represent a complete analysis of the topics presented, and readers should conduct their own appropriate legal research.
Bill C-11: Amendments to PIPEDA

For those of you who advise clients on privacy / PIPEDA matters, and for your general information, on November 17th, the federal government introduced Bill C-11, the Digital Charter Implementation Act, 2020. The proposed legislation makes significant changes to PIPEDA. Though it is always likely that amendments will be made to a Bill as it proceeds through the legislative process, what is being proposed changes how organizations collect, use, disclose and retain personal information. Review the First Reading of Bill C-11 (November 17, 2020).

One significant proposal changes the enforcement model under PIPEDA by granting the Privacy Commissioner of Canada order-making power and the authority to recommend the imposition of administrative monetary penalties. The Bill also establishes the Personal Information and Data Protection Tribunal to hear appeals from orders issued made by the Privacy Commissioner and impose on organizations administrative monetary penalties recommended by the Commissioner. In addition, individuals will have a private right of action for actual damages suffered.

The Bill also proposes amendments to PIPEDA’s consent model and clears up some issues around the transfer of personal information by organizations to their service providers.