May 17, 2019 - Private Sector

Deadline extended for OPC Consultation on Transborder Dataflows

The Office of the Privacy Commissioner of Canada (OPC) have announced that they will now be accepting comments for their consultation on transborder dataflows until Friday, June 28, 2019, and have confirmed that they are "currently consulting and do not expect organizations to change their practices at this time" (emphasis added).

On April 9, 2019, the OPC announced their consultation on cross-border dataflows given their proposed departure from their 2009 Guidelines on the Processing Personal Data Across Borders by now requiring individual consent (express consent in some cases) prior to transferring personal information to service providers (including foreign service providers) for processing.  On April 23, 2019, the OPC issued a supplementary discussion document providing additional background and setting out questions for stakeholders.

We commented on this recent development during our last monthly call and held a half-day AccessPrivacy Workshop on Consent and Transborder Dataflows with over 90 stakeholders in attendance from across all industry sectors on April 26th. We will be following up on what we heard during our next monthly call on May 29, 2019 at 11:30 a.m. EDT.