Privacy Modernization with a Northern Touch: the proposed Digital Charter Implementation Act

  • November 23, 2020
  • Molly Reynolds and Ronak Shah

The federal government has introduced Bill C-11 the Digital Charter Implementation Act, 2020, into Parliament. Bill C-11 aims to modernize the framework for the protection of personal information in the private sector and provide individuals with greater control over their information.

What you need to know

  • The Bill proposes to create a new privacy statute, the Consumer Privacy Protection Act (CPPA)—as well as a new administrative tribunal, the Personal Information and Data Protection Tribunal (Data Protection Tribunal).
  • The Privacy Commissioner’s powers will be expanded, including with respect to mandatory orders and financial penalties.
  • Consumers will have a private right of action following a regulatory investigation, but must prove loss in order to recover damages.
  • The CPPA includes several new obligations for businesses and new consumer rights, ranging from algorithmic transparency to data deletion requirements, but is not a mirror image of the EU’s GDPR.