Introduction
Bill C-11, also known as the Digital Charter Implementation Act, 2020, is a proposed law in Canada that aims to reform the country’s privacy and data protection laws. The bill was introduced in the House of Commons by the Minister of Innovation, Science and Industry on November 17, 2020, and is currently under review by the Standing Committee on Access to Information, Privacy and Ethics.
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Background
Canada’s privacy laws have not been updated since the Personal Information Protection and Electronic Documents Act (PIPEDA) was introduced in 2000. The digital landscape has since changed drastically, and there is a growing concern about the protection of personal data and privacy in the country. The introduction of Bill C-11 is an effort to modernize Canada’s privacy laws and to align them with current global standards.
Key Features of Bill C-11
Creation of a new privacy law
The bill proposes the creation of a new privacy law, the Consumer Privacy Protection Act (CPPA), which would replace PIPEDA. The CPPA would provide individuals with more control over their personal data and require organizations to obtain explicit consent before collecting, using or disclosing personal information.
Increased enforcement powers
Bill C-11 would give the Privacy Commissioner increased enforcement powers, including the ability to issue binding orders and impose fines of up to 5% of an organization’s global revenue or $25 million, whichever is greater. This is a significant increase from the current maximum penalty of $100,000.
Strengthened consent requirements
The bill proposes strengthening consent requirements, which would require organizations to obtain explicit consent for the collection, use, and disclosure of personal information. The bill also includes a right to withdraw consent at any time, and organizations must notify individuals of any collection, use, or disclosure of personal information.
Privacy by design and default
Bill C-11 proposes a privacy by design and default approach, which would require organizations to implement privacy measures in their products and services at the design stage. This would help to protect personal information and prevent data breaches.
Right to data mobility and data disposal
The bill would also give individuals the right to request that their personal data be transferred to another organization and to request that their personal data be disposed of when it is no longer needed.
New tribunal
Bill C-11 would create a new tribunal, the Personal Information and Data Protection Tribunal, which would hear appeals and conduct investigations.
Criticisms of Bill C-11
While many have welcomed the proposed changes, others have criticized the bill for not going far enough to protect privacy. Some experts have called for stronger enforcement powers for the Privacy Commissioner, while others have expressed concerns about the lack of protections for sensitive personal information, such as health data.
Conclusion
In conclusion, Bill C-11 is a proposed law in Canada that aims to modernize the country’s privacy and data protection laws. The bill proposes the creation of a new privacy law, increased enforcement powers, strengthened consent requirements, privacy by design and default, the right to data mobility and disposal, and the creation of a new tribunal. While the bill has been criticized by some, it is an important step towards protecting personal data and privacy in Canada.
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