OPC Reframes Consultation on Transborder Dataflows

In response to the Federal Government’s announcement of its Digital Charter and related white paper, the Office of the Privacy Commissioner (OPC) has reframed its recent consultations on the issue of transfers for processing, including transborder transfers, as previously reported by the E-TIPS® Newsletter here and here.

The reframed consultation document, published on June 11, 2019, seeks recommendations on how any future law should effectively protect privacy in the context of transfers for processing.  The OPC has suggested that PIPEDA be amended to require demonstrable accountability, including providing authority for the OPC to proactively inspect the practices of organizations to ensure they are accountable.  In addition, in the context of transborder data flows, the OPC intends to suggest that the Federal Government adopt a regime of standard contractual clauses.  However, recognizing that contractual arrangements offer limited protection against inconsistent foreign law, in situations where neither contractual clauses nor other means are effective to protect privacy rights, the OPC has suggested that organizations should be required to seek meaningful consent when a transfer of personal information entails significant privacy risks.

Comments on the reframed consultation document may be submitted until August 6, 2019.  For more information, please see the OPC website here.

Summary By: Vanessa Komarnicki