OPC Concludes Consultation On Transfers For Processing: 2009 Policy Position Remains Status Quo

On September 23, 2019, the Office of the Privacy Commissioner of Canada (OPC) concluded its consultation on transfers for processing, initially launched on April 9, 2019. Fortunately, the OPC has determined that its approach to transfers of personal information to service providers for processing, as outlined in its 2009 guidelines for processing personal data across borders (2009 Policy Position), will remain unchanged under the current law.

The consultation on transfers for processing arose as a result of the OPC's proposed reversal in its long-held position that a transfer of personal information to a service provider for processing was a "use" of personal information by the transferring organization and not a "disclosure" to the service provider, and therefore no consent for the transfer was required; the OPC instead proposed that a transfer of personal information to a service provider for processing constitutes a disclosure of personal information for which