Post Tagged with: "therrien"

Privacy Blue by Richard Patterson http://www.comparitech.com/ https://flic.kr/p/25cUnjs (CC BY 2.0)

Rewriting Canadian Privacy Law: Commissioner Signals Major Change on Cross-Border Data Transfers

Faced with a decades-old private-sector privacy law that is no longer fit for the purpose in the digital age, the Office of the Privacy Commissioner of Canada (OPC) has embarked on a dramatic reinterpretation of the law premised on incorporating new consent requirements. My Globe and Mail op-ed notes the strained interpretation arose last Tuesday when the OPC released a consultation paper signalling a major shift in its position on cross-border data transfers.

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April 16, 2019 6 comments Columns
Privacy Policy Security Data Transfer Padlock Creative Commons Zero - CC0 https://www.maxpixel.net/Padlock-Data-Transfer-Privacy-Policy-Security-2499720

Canadian Privacy Commissioner Signals Major Shift in Approach on Cross-Border Data Transfers

The Office of the Privacy Commissioner of Canada has released a consultation paper that signals a major shift in its position on data transfers, indicating that it now believes that cross-border disclosures of personal information require prior consent. The approach is a significant reversal of longstanding policy that relied upon the accountability principle to ensure that organizations transferring personal information to third parties are ultimately responsible for safeguarding that information. In fact, OPC guidelines from January 2009 explicitly stated that “assuming the information is being used for the purpose it was originally collected, additional consent for the transfer is not required.”

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April 10, 2019 13 comments News
Privacy Please by ricky montalvo (CC BY-ND 2.0) https://flic.kr/p/8RF3Ez

A Failure of Enforcement: Why Changing the Law Won’t Fix All That Ails Canadian Privacy

Canadian Privacy Commissioner Daniel Therrien renewed his call for an overhaul of Canada’s private-sector privacy legislation this week. Responding to a national data consultation launched by Innovation, Science and Economic Development Minister Navdeep Bains, Therrien recommended enacting a new law that would include stronger enforcement powers, meaningful consent standards and the extension of privacy regulations to political parties. My Globe and Mail op-ed argues that while the need for a modernized privacy statute has been evident for some time, Canada’s privacy shortcomings are not limited to a decades-old legal framework struggling to keep pace with technological change.

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December 7, 2018 7 comments Columns
Google Main Search by MoneyBlogNewz (CC BY 2.0) https://flic.kr/p/92t8FA

Why the Canadian Privacy Commissioner’s Proposed Right to be Forgotten Creates More Problems Than it Solves

The right to be forgotten, which opens the door to public requests for the removal of search results that are “inadequate, irrelevant or no longer relevant”, has been among the world’s most controversial privacy issues since it was first established in Europe in 2014. My Globe and Mail op-ed notes that the new right responds to concerns with potential reputational harms from inaccurate or misleading information online, but faces the challenge of balancing privacy protections with the benefits of the Internet for access to information and freedom of expression.

The Privacy Commissioner of Canada waded into the debate on Friday with a new draft report concluding that Canadian privacy law can be interpreted to include a right to de-index search results with respect to a person’s name that are inaccurate, incomplete, or outdated. The report, which arises from a 2016 consultation on online reputation, sets the stage for potential de-indexing requests in Canada and complaints to the Privacy Commissioner should search engines refuse to comply.

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January 29, 2018 10 comments Columns
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Why the Privacy Commissioner Doesn’t Need Legal Reforms To Require Transparency Reports

Privacy Commissioner of Canada Daniel Therrien was in the news this week as he expressed concern with the evasiveness of Canada’s spy agencies and the ongoing refusal of some of Canada’s telecom companies (namely Bell) to issue transparency reports. I’ll have more to say about privacy and government agencies in my technology law column next week, but on the issue of telecom transparency reports, I believe that Therrien already has the necessary legal mandate to act now. Therrien urged all telecom companies to release transparency reports, noting:

“I think Canadians are telling us, first of all, that they would much prefer that data be shared from telcos to government only with a warrant, with a court authorization. But when that does not happen, Canadians expect that there be transparency…frankly, if there’s not more progress I will continue to call for legislation on this issue.”

I wrote about why Canada’s telecom transparency reporting still falls short late last month, emphasizing that a non-binding approach to transparency reporting has been a failure.

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June 10, 2016 4 comments News