The COVID-19 pandemic has led to unprecedented social and
economic responses across Canada and globally. Such responses
implicate, but do not override, Canadian privacy laws. In fact,
attention to privacy laws may be more important than ever in light
of businesses shifting to online and remote delivery models and
questions around public surveillance in light of this global
occurrence.
Generally, Canadian privacy regulators are announcing that
during a public health crisis, privacy laws continue to apply but
should not present a barrier to appropriate information sharing due
to available exemptions under those laws.
1 Where there is a declaration of public emergency,
powers to collect, use, and disclose personal information may be
expanded, within the bounds of the specific law in question.
Privacy Commissioners across Canada have highlighted that the
principles of necessity and proportionality should inform decisions
made to address the current crisis.
2 Moreover,
