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.
Blog
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.
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.”
Supporting a More Competitive Canadian Wireless Market: Speak Out on Navdeep Bains’ Proposed CRTC Policy Direction
Last month, Innovation, Science and Economic Development Minister Navdeep Bains took his most significant policy step to date to address telecommunications concerns by issuing a proposed policy direction to the CRTC based on competition, affordability, consumer interests, and innovation. As I noted at the time, the proposed policy direction will make a difference as those perspectives will become a more prominent part of the regulatory process that cannot be easily dismissed.
A Netflix Crisis?: Foreign Funding Now By Far the Largest Source of Financing for Canadian Fictional English Language TV Production
The Canadian Media Producers Association has just released the latest data on film and television production in Canada which confirms that foreign sources are now by far the biggest contributor to Canadian English language television production. Despite warnings of cultural imperialism and repeated calls from some in the industry for Netflix taxes to fund production, the data suggests that it already does since foreign investment in Cancon now larger than the primary Canadian sources. In fact, when it comes to Canadian English-language fictional programming, foreign financing is now larger than private broadcaster licence fees, public broadcaster licence fees, and Canada Media Fund contributions combined.
Recent Posts
The Law Bytes Podcast, Episode 232: What Will Canadian Digital Policy Look Like Under the New Liberal Carney Government? 
The Law Bytes Podcast, Episode 231: Sara Bannerman on How Canadian Political Parties Maximize Voter Data Collection and Minimize Privacy Safeguards 
The Law Bytes Podcast, Episode 230: Aengus Bridgman on the 2025 Federal Election, Social Media Platforms, and Misinformation 
The Law Bytes Podcast, Episode 229: My Digital Access Day Keynote – Assessing the Canadian Digital Policy Record 
Queen’s University Trustees Reject Divestment Efforts Emphasizing the Importance of Institutional Neutrality
