What Federal Canadian Privacy Law Reform Means for our Industry
Earlier this week, 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. Through the proposed Digital Charter Implementation Act, 2020 (DCIA), the Government of Canada intends to establish a new privacy law for the private sector, the Consumer Privacy Protection Act (CPPA). If passed, the DCIA would significantly increase protections to Canadians’ personal information by giving Canadians more control and greater transparency when companies handle their personal information. The DCIA would also provide significant new consequences for non-compliance with the law, including steep fines for violations.
Here is a link to the full press release as well as a fact sheet outlining key components of the new legislation which is referred to as the Consumer Privacy Protection Act (CPPA).
As we continue to carefully examine the proposed legislation, one key thing we have already noted is the intent for government to recognize codes of practice and certification systems: To help organizations understand their obligations under the CPPA and demonstrate compliance, the legislation would allow organizations to ask the Privacy Commissioner to approve codes of practice and certification systems that set out rules for how the CPPA applies in certain activities, sectors or business models. This makes IAB Canada’s efforts on developing the TCF framework for Canada more pressing than ever.
We have briefed the IAB Tech Lab’s Global Privacy working group and the team at IAB Europe on the new legislation and collectively we are in the midst of updating the policy requirements which will lead into the development of a TCF string that will be available for testing as early as Q1 allowing for greater levels of CPPA compliance across the digital advertising industry in Canada.
We also invite you to join us on Monday, November 23rd at 4pm EST for an exclusive call with privacy lawyer, Adam Kardash, Partner and Chair of the national Privacy and Data Management Practice at Osler, Hoskin & Harcourt LLP, to review some of the key elements included in the proposed legislation.
We will place a special focus on areas that will have a direct impact on our industry like the concepts of consent and accountability, the principal of transparency, enforcement powers and penalties and the recognition of codes of practice and certification systems.
The webinar is free to all IAB Canada members and non-members are welcome to join for a registration fee of $50. A recording of the session will be made available to members after the event. Click here to register.
If you have any questions or would like to join the IAB Privacy Committee, please do not hesitate to reach out to [email protected].