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  • Deborah

On November 17, 2020, the federal Minister of Innovation, Science, and Industry introduced the Digital Charter Implementation Act, 2020.

The proposed Act, would, if implemented,

  • Enact the Consumer Privacy Protection Act that will replace Part 1 of the Personal Information Protection and Electronic Documents Act (PIPEDA) the Act that currently governs the treatment of personal information and privacy.

  • Introduce the Personal Information and Data Protection Tribunal Act, which establishes an administrative tribunal.

Some of the key provisions of the Bill include:

  1. The imposition of administrative monetary penalties of up to 3% of global revenue or $10 million for organizations that are not compliant with requirements relating to consent, collection, use, retention and disposal of personal information as well as certain security safeguard provisions.

  2. The establishment of a Personal Information and Data Protection Tribunal.

  3. The requirement for organizations to provide individuals with plain-language information

  4. for their consent to be considered valid.

  5. The possibility for individuals to withdraw their consent in whole or in part at any time, and by giving reasonable notice to an organization.

  6. The possibility for an organization to use an individual’s personal information without their knowledge or consent to de-identify the information. The organization must ensure that any technical and administrative measures applied to the information are proportionate to the purpose for which the information is de-identified and the sensitivity of the personal information.

  7. The possibility for an entity to submit, on a voluntary basis, a certification program to the Commissioner for approval.

More details on the proposed Digital Charter Implementation Act can be found here.

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