Rewriting Canadian Privacy Law: Commissioner Signals Major Change on Cross-Border Data Transfers

By Michael Geist

Privacy Blue by Richard Patterson http://www.comparitech.com/ https://flic.kr/p/25cUnjs (CC BY 2.0)

Faced with a decades-old private-sector privacy law that is no longer fit for the purpose in the digital age, the Office of the Privacy Commissioner of Canada (OPC) has embarked on a dramatic reinterpretation of the law premised on incorporating new consent requirements. My Globe and Mail op-ed notes the strained interpretation arose last Tuesday when the OPC released a consultation paper signalling a major shift in its position on cross-border data transfers.

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All personal information should require expressed consent to be gathered and used. And expressed consent does not mean the agreement is buried in an EULA. Expressed consent must be separate from an other agreement.

Don't stop where the ink does.
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