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ARTICLE · 07 OCTOBER 2019

Office Of Privacy Commissioner Says It's Status Quo On Consent Requirements For Data Processing Transfers

On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines.

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On September 23, the Office of the Privacy Commissioner of Canada (OPC) announced, following consultation with stakeholders, that it will maintain the position set out in its 2009 guidelines that an organization's transfer of personal information to a third party for processing, including a transfer across the Canadian border, is a "use" of that personal information, and not a disclosure that requires separate consent.

This announcement brings at least temporary clarity to an issue that resulted in a tumultuous summer for organizations and the OPC alike as everyone grappled with the potential consequences of the OPC's June 2019 announcement of a proposed shift in policy to treat transfers for processing as "disclosures" rather than "uses" of personal information under the Personal Information Protection and Electronic Documents Act (PIPEDA).

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