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ARTICLE · 23 MAY 2019

OPC Proposed Change Equal To Legislative Change Without Legislative Process

Aird & Berlis LLP
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On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced it was looking to change their position on trans-border flow of personal information.

CanadaPrivacy
Paige Backman
Paige Backman
Donald Johnston
Donald Johnston
Aaron Baer
Aaron Baer
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On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced it was looking to change their position on trans-border flow of personal information. The proposed change in position will impact not only cross-border data transfers between controllers and processors, but also other cross-border disclosures of personal information between organizations. We note the OPC's use of "controller" and "processor" is a nod to the trend that the OPC is taking a position more in line with the GDPR.

Historically, cross-border flow of personal information to a processor acting solely for the benefit of the principal organization was not a disclosure, but deemed to be a use. This means that organizations need to notify individuals of their practices, but consent to this practice is not required. Currently, organizations are required to notify individuals that personal information may be processed outside of Canada, and that the laws of the jurisdiction in which

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