September 23, 2019

OPC restores its 2009 Policy Position on Data Transfers for Processing

This afternoon, the Office of the Privacy Commissioner of Canada (OPC) announced that the 2009 Guidelines for processing personal data across borders will remain unchanged under the current law.  Adopting a “flexible, common-sense and pragmatic approach”, the OPC determined that it will maintain the status quo until the legislation is reformed.  This announcement comes after the conclusion of the OPC’s Consultation on transborder data flows, in which it received 87 submissions from stakeholders, the vast majority of which took the view that the current law does not require consent for transfers for processing, and that imposing such a requirement would create “enormous challenges” for organizations’ business processes.

The OPC also announced that it is now focused on developing recommendations for modernizing PIPEDA with a longer-term goal “to ensure effective privacy protection in the context of transfers for processing, accepting that transborder data flows are the subject of international trade agreements and that both domestic and international transfers bring significant benefits to individuals and organizations”.

This latest development will be discussed in greater detail during AccessPrivacy’s September Monthly Call, taking place this Wednesday, September 25, 2019 at 11:30 am Eastern Daylight Time.