Government Of Canada Introduces Bill C-27: A Second Attempt At Comprehensive Reform To Federal Privacy Legislation

On June 16, 2022, the Government of Canada introduced Bill C-27, the Digital Charter Implementation Act, 2022.  Bill C-27 is the second attempt at overhauling Canada’s federal privacy legislation, the Personal Information Protection and Electronic Documents Act.  Bill C-11, the Digital Charter Implementation Act, 2020, was the first major overhaul of Canada’s privacy regime, as previously reported by the E-TIPS® Newsletter here, but died on the order paper with the announcement of the 2021 federal election.

Bill C-27 proposes to strengthen Canada’s private sector privacy law, to create new rules for responsible development and use of artificial intelligence (AI), and to advance the implementation of Canada’s Digital Charter, as previously reported by the E-TIPS® Newsletter here.  Bill C-27 aims to accomplish this through the introduction of three acts: The Consumer Privacy Protection Act, The Personal Information and Data Protection Tribunal Act, and The Artificial Intelligence and Data Act. The key elements of each proposed Act are outlined below.

1. The Consumer Privacy Protection Act will:

• repeal and replace part one of the Personal Information Protection and Electronic Documents Act;
• increase control and transparency when Canadians’ personal information is handled by organizations;
• allow Canadians to request that their personal information be disposed of when no longer needed;
• establish stronger protections for the collection, use, and disclosure of minors’ personal information;
• give the Privacy Commissioner of Canada greater oversight; and
• establish larger fines for non-compliant organizations.

2. The Personal Information and Data Protection Tribunal Act will:

• enable the creation of a new tribunal to facilitate the enforcement of the Consumer Privacy Protection Act.

3. The Artificial Intelligence and Data Act will:

• require organizations using high-impact AI systems to adopt measures to identify, assess and mitigate the risk of harm and bias;
• establish an AI and Data Commissioner to support the Minister of Innovation, Science and Industry with enforcement of the Act; and
• outline criminal prohibitions and penalties regarding the use of illegal data for AI development, regarding reckless deployment of AI causing serious harm, and regarding AI development involving fraudulent intent to cause economic loss.

The Honourable François-Philippe Champagne characterized the proposed privacy legislative regime as an effort to “promote confidence in the digital space… [by ensuring] a safe, more inclusive, and secure digital economy for the benefit of all Canadians.”  The Minister of Justice, the Honourable David Lametti, further noted that the government is “modernizing the Privacy Act… to ensure that Canada’s privacy laws keep pace with technological change and continue to reflect evolving Canadian values.”

Summary By: Victoria Di Felice