ILN Data Privacy Paper

Canada

1.1. Overview of principal legislation Enacted in 2001, PIPEDA regulates the collection, use and disclosure of personal information by organizations in the course of commercial activities in Canada. It aims to balance an individual's right to privacy with an organization's need to collect, use, and disclose personal information. PIPEDA applies regardless of the technology employed. 1.2. Upcoming or proposed legislation The Federal Government has tabled Bill C-27, the Digital Charter Implementation Act, 2022. If passed, Bill C-27 would implement three new pieces of federal legislation: the Consumer Privacy Protection Act (CPPA); the Personal Information and Data Protection Tribunal Act (PIDPTA); and the Artificial Intelligence and Data Act (AIDA). The Federal Government has also tabled Bill C-26, legislation aimed at preventing cybersecurity incidents. There are ongoing provincial privacy law reform initiatives in Ontario, British Columbia and Alberta. Governing Data Protection Legislation

Consumer Privacy Protection Act (CPPA) If enacted, the CPPA would replace PIPEDA. It differs from PIPEDA in several key respects, some of which will be highlighted in this chapter. Personal Information and Data Protection Tribunal Act (PIDPTA) PIDPTA would establish the federal Personal Information and Data Protection Tribunal (the "Tribunal"). The Tribunal would hear appeals of certain findings, orders or decisions made by the Commissioner and impose administrative penalties of up to a maximum of C$10 million or 3% of the organization's gross global revenue, whichever is higher.

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