Digital Privacy Act was introduced in 2015 to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act.
The Digital Privacy Act brings crucial updates to the Personal Information Protection and Electronic Documents Act (PIPEDA), aiming to bolster the protection of personal information in Canada.
Here’s a breakdown of the key changes:
1. Enhancing Consent Requirements
- Clear Consent: Organizations must ensure individuals clearly understand what they are consenting to when their personal information is collected, used, or disclosed.
- Informed Decisions: Individuals can now make informed decisions about their data, knowing the exact nature, purpose, and consequences of their consent.
2. New Grounds for Disclosure Without Consent
- Emergency Situations: Personal information can be disclosed without consent to identify, locate, or inform the next of kin of an injured, ill, or deceased individual.
- Fraud Prevention: Organizations can share information to prevent, detect, or suppress fraud.
- Protecting Vulnerable Individuals: Disclosures are allowed to protect victims of financial abuse.
3. Streamlining Business and Employment Practices
- Insurance Claims: Information in witness statements related to insurance claims can be collected and used without consent.
- Work-Related Data: Employers can collect and use information produced by employees during their professional activities without needing consent.
- Business Transactions: Personal information can be disclosed during mergers, acquisitions, or other business transactions to facilitate smooth operations.
4. Strengthening Breach Notification and Response
- Mandatory Breach Notifications: Organizations must inform affected individuals and the Privacy Commissioner about data breaches posing a real risk of significant harm.
- Detailed Record Keeping: Every breach involving personal information must be documented to ensure accountability and transparency.
5. Introducing Offences and Compliance Mechanisms
- Penalties for Non-Compliance: New offences have been created for failing to meet breach notification and other obligations, ensuring stringent enforcement.
- Compliance Agreements: The Privacy Commissioner can enter into compliance agreements with organizations to rectify and prevent future violations.
6. Extending Rights and Legal Recourse
- Longer Complaint Period: The timeframe for individuals to apply to the Federal Court about privacy complaints has been extended.
- Public Interest Disclosures: The Privacy Commissioner can make information public if it is deemed to be in the public interest. This helps in enhancing transparency.
7. Special Provisions for Specific Contexts
- Employment Relationships: Federal works, undertakings, and businesses can handle employee information without consent for establishing, managing, or terminating employment relationships.
- Research and Statistics: Personal information can be used for research or statistical purposes without consent if it’s impractical to obtain and safeguards are in place.
These amendments are designed to adapt to the evolving digital landscape, ensuring personal information is protected while facilitating necessary business and emergency operations. By emphasizing transparency, accountability, and protection, the Digital Privacy Act aims to enhance Canadians’ trust in how their personal data is managed.
For more information: Government of Canada
Source: Department of Justice, Government of Canada
