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ARTICLE · 23 DECEMBER 2019

Federal Privacy Law – Is It About To Change?

In other words, privacy is not merely about consent, access and transparency, but about respect for human rights.

CanadaPrivacy

The 2018-2019 Annual Report to Parliament of the Office of the Privacy Commissioner is interesting reading, and it shows that the OPC has been doing some deep thinking about the nature of privacy and has been looking around the world at the philosophies of privacy in other jurisdictions.

The report focuses on two main themes:

1. Enhancing the power of the federal Privacy Commissioner to include:

  • the right to prescribe "binding rules" and "binding guidance" for the purpose of enforcing privacy rights and principles
  • the right to initiate proactive investigations/audits so that "demonstrable accountability" can be shown to exist. This seems to imply spot checks of businesses – something like the privacy equivalent of a R.I.D.E. program or a suitcase check at the airport – to ensure compliance even in the absence of a complaint

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