Canada
If enacted, the CPPA would grant the OPC order-making powers and the power to recommend to the Tribunal the imposition of administrative monetary penalties. The Tribunal may impose a recommended penalty or make its own determination of the appropriateness and amount of a penalty. 7.3. Role, functions, and powers of civil/criminal courts in the field of data protection Individuals may commence litigation against organizations breaching privacy statutes. PIPEDA does not currently establish a private right of action, however, non-compliance may result in claims under contract law and/or tort law, such as negligence, breach of contract and
privacy torts. In Ontario (and not necessarily in other provinces or territories in Canada), there are four privacy torts: intrusion upon seclusion; public disclosure of embarrassing private facts; appropriation of a person's name or likeness; and publicity placing a person in a false light. If enacted, the CPPA will introduce a private right of action. Individuals affected by organizations that contravene the CPPA will have a cause of action for damages for loss or injury suffered under certain circumstances.
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