PIPEDA reform 3.0: Radical changes to Canadian privacy protection policy in new Bill

Canada’s sweeping privacy reform strips the OPC of oversight of private sector. By Colin J. Bennett, Professor Emeritus at the University of Victoria, Canada.

On 15 June, the Government of Canada tabled Bill C36, establishing a new Protecting Privacy and Consumer Data Act (PPCDA), the latest attempt to reform the Personal Information Protection and Electronic Documents Act (PIPEDA) and establish a new statutory framework for the protection of personal data in the private sector.(1) The PPCDA has to be read in conjunction with another two recent digital initiatives – the introduction of Bill C34, the Digital Safety Act, and the broader Artificial Intelligence Strategy – AI for all.(2)

This is the third effort to modernize PIPEDA over a ten-year period. Two earlier bills (C-11 and C-27) died on the order paper. C-36 is not, however, integrated with a companion framework for the regulation of AI, akin to the Artificial Intelligence and Data Act (AIDA) that formed part 3 of C-27. Whether we shall see separate AI regulation soon is anybody’s guess. It is instructive, however, that the Bill was introduced by the Minister for Digital Innovation and Artificial Intelligence, who is promoting strong privacy protection as critical for the public’s trust in responsible AI innovation.

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