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OPC Consultation on Transfers for Processing Resumes

June 11, 2019

This afternoon, the Office of the Privacy Commissioner of Canada (OPC) announced that it is resuming its Consultation on transfers for processing with a Reframed Discussion Document that consolidates and supersedes the OPC's original Consultation document of April 9, 2019 and its Supplementary Discussion Document of April 23rd, 2019. The new "stand-alone" paper reframes the consultation to invite stakeholder views on not only how the current law should be interpreted, but also how a future law should provide effective privacy protection in the context of transfers for processing in light of the recent adoption of Canada's Digital Charter, and the Federal Government's proposals for amending PIPEDA (Strengthening Privacy for the Digital Age).

In addition to the original questions posed in the Supplementary Discussion Document of April 23rd -- which remain the same -- the OPC is also inviting submissions on these three more "future-oriented" questions:

  1. How should a future law effectively protect privacy in the context of transborder data flows and transfers for processing?
  2. Is it sufficient to rely on contractual or other means, developed by organizations and reviewed only upon complaint to the OPC, to provide a comparable level of protection? Or should a future law require demonstrable accountability and give a public authority, such as the OPC, additional powers to approve standard contractual clauses before they are implemented and, once they are adopted, proactively review their implementation to ensure a comparable level of protection?
  3. How should a future law effectively protect privacy where contractual measures are unable to provide that protection?

The new deadline for submissions on the Reframed Discussion Document on Transfers for Processing is now August 6, 2019.

AccessPrivacy will be discussing this most recent development in greater detail during its next Monthly Call on June 19th, 2019 at 11:30 a.m. EDT. To register for the call please visit our events page for this and other upcoming events.

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