The Canadian government has proposed new legislation to improve data privacy and protection in the private sector as well as establishing new artificial intelligence (AI) development and deployment guidelines. The new Bill C-27: Digital Charter Implementation Act will help to modernize data protection and ensure privacy for Canadian citizens, and will replace the current privacy provisions in place.
What is included in Bill C-27?
The new legislation includes the Consumer Privacy Protection Act that will replace previous legislation governing the collection, use, and disclosure of personal information for commercial purposes. This bill will extend existing rules and impose new rules for the private sector to ensure secure data transfer between organizations, allow consumers to withdraw consent or demand information to be destroyed. The new legislation will also enhance the role of the Privacy Commissioner for overseeing compliance. Artificial Intelligence and Data Act aims to protect individuals against a range of risks associated with the use of artificial intelligence systems, including physical or psychological harm or biased output that can have adverse impacts on individuals.
Penalties for Non-Compliance
If an organization is found to have an indictable offence, they are liable up to 5% of global revenue or $25 million CA ($18.7 million USD) whichever is greater. There are additional administrative penalties up to 3% of global revenue or $10 million CAD ($7.5 million USD) for specific violations of the Consumer Privacy Protection Act.
10 Basic Principles of the new Charter
- Universal Access – ensure that all citizens have the opportunity and resources needed to ensure access and connectivity
- Safety and Security – providing secure and reliable digital platforms
- Control and Consent – allowing individuals to oversee their data privacy, giving them the tools to manage how companies and organizations access and use their personal information
- Transparency, Interoperability, and Portability – allowing individuals to easily access and share data
- Open and Modern Digital Government – Canadian citizens are provided access to digital services from the Government of Canada that offer security and ease of use
- A Level Playing Field – promote fair online competition to help businesses expand and promote modern digital and data leadership while safeguarding consumers
- Data and Digital for Good – the Canadian government is committed to driving social progress through the ethical use of data while creating value and benefiting citizens
- Strong Democracy – Canada will defend free speech and protect elections and democratic institutions from cyber threats and disinformation
- Free from Violence and Harassment – Canadian digital platforms will not allow hate, harassment, violent extremism, or illegal content to propagate
- Real Accountability and Strong Enforcement – The Canadian government pledges to uphold principles and punish those who violate the laws
The new Digital Charter Implementation Act will help improve Canadian data privacy and protection. It will provide organizations with more specific guidelines for collecting and storing consumer data, providing more accountability, and giving consumers more control of their data. To learn more about in-country requirements and compliance, click here