On November 22, 2017, the Privacy Commissioner of Canada (the Commissioner) made submissions to the Senate Committee on Transport and Communications (the Committee) relating to the regulatory and technical issues associated with the deployment of connected and automated vehicles. As part of the Commissioner’s submissions, he shared the findings of the year-long consultation in which the Office of the Privacy Commissioner of Canada (OPCC) had engaged, which identified potential improvements to the current model of consent. The full details of the OPCC’s findings are set out in the Report on Consent.

According to the Commissioner, organizations providing connected and autonomous car systems should endeavour to adhere to the guidelines set out in the OPCC’s draft update to their Guidelines for Online Consent, which sets out the following four elements that must be highlighted to individuals:

  • the personal information that is being collected;

  • the purposes for which the personal information is being collected, used or disclosed;

  • the parties to which the personal information is being disclosed; and

  • any known or foreseeable risks of harm from the collection, use or disclosure of such personal information.

The Commissioner also discussed the need for mechanisms other than user consent to protect privacy in respect of connected vehicles. Specifically, the Commissioner noted the need for industry guidance and codes of practice, stronger accountability of organizations, proactive enforcement by regulators, and legislative amendments addressing emerging risks.

Summary By: Jae S. Morris

E-TIPS® ISSUE

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