Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Wiertz Sebastien - Privacy by Sebastien Wiertz (CC BY 2.0) https://flic.kr/p/ahk6nh

Privacy

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 7 comments Columns
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Open Banking Is Already Here: My Appearance Before the Senate Standing Committee on Banking, Trade and Commerce

The Senate Standing Committee on Banking, Trade and Commerce has spent the past month and a half actively engaged in a detailed study of the regulatory framework for open banking. The study has included government officials, representatives from Australia and the UK, and Canadian banking stakeholders. I appeared before the committee yesterday as a single person panel, spending a full hour discussing a wide range of policy concerns.  My core message was that the committee debate over whether Canada should have open banking missed the bigger issue that millions of Canadians already use open banking type services despite the friction in making their data easily portable to third party providers. I recommended several reforms in response, including stronger privacy laws, mandated data portability with informed consumer consent, and consumer protection safeguards that recognizing the likely blurring between incumbent banks and third party providers.

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April 12, 2019 5 comments News
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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 9 comments News
The Information Commissioner's Office [CC BY-SA 4.0 (https://creativecommons.org/licenses/by-sa/4.0)]

The LawBytes Podcast, Episode 2: ”It’s Time to Modernize the Laws”

The first full length episode of the new LawBytes podcast features a conversation with UK Information Commissioner Elizabeth Denham, who leads the high profile investigation into Facebook and Cambridge Analytica. Denham, who previously served as Assistant Commissioner with the federal privacy office and as the British Columbia Information and Privacy Commissioner, reflected on her years in Canada, particularly the Canadian Facebook investigation and concerns with the Google Buzz service. Denham emphasized the need for Canadian legislative reform in order to address today’s privacy challenges. Denham was recently appointed chair of the International Conference of Data Protection and Privacy Commissioners, which she expects will increasingly focus on global privacy standards.

The podcast can be downloaded here and is embedded below. Subscribe to the podcast via Apple Podcast, Google Play, Spotify or the RSS feed. Updates on the podcast on Twitter at @Lawbytespod.

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March 11, 2019 2 comments Podcasts
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Government Service Delivery in the Digital Age: My Appearance Before the Standing Committee on Access to Information, Ethics and Privacy

Last week, I appeared before the House of Commons Standing Committee on Access to Information, Privacy and Ethics as part of its study on government services and privacy. The discussion touched on a wide range of issues, including outdated privacy rules and the policy complexity of smart cities. I concluded by noting:

“we need rules that foster public confidence in government services by ensuring there are adequate safeguards, transparency and reporting mechanisms to give the public the information it needs about the status of their data, and appropriate levels of access so that the benefits of government services can be maximized. That is not new. What is new is that this needs to happen in an environment of changing technologies, global information flows, and an increasingly blurry line between public and private in service delivery.”

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February 7, 2019 Comments are Disabled News