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.”
Archive for April 10th, 2019
Recent Posts
Named to Canadian Lawyer’s Top 25 Most Influential Lawyers 
Be Careful What You Wish For: Why Asking Google Maps to Defy the U.S. on Lake Ontario Would Undermine Canadian Digital Sovereignty 
Big Money, Bigger Design Changes: What the Meta Settlement Means for Canada, Bill C-34, and the Age Verification and Privacy Risks That Remain 
Unleashing the Trolls: Ontario Court Opens the Door to Liability for Influencers Who Weaponize Their Audiences 
Why Ottawa Will Likely Join the U.S. in Opposing the Quebec Online Streaming Law at the Centre of the Trade Battle
