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On November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law. Bill C-11, entitled An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to other Act, will create new data privacy obligations and new enforcement mechanisms for these obligations if it becomes law.
Bill C-11 seeks to enact the Consumer Privacy Protection Act (the CPPA) while simultaneously repealing corresponding provisions from Canada’s existing data privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA). The CPPA would create new data privacy obligations and maintain PIPEDA’s principles.
Under the CPPA, the federal Privacy Commissioner would be empowered to investigate contraventions of the CPPA, as well as make orders and impose penalties. Penalties for some administrative offences may be up to 3% of an organization’s global revenues or $10 million, whichever is greater. The most serious offenses under the CPPA may be punishable by up to 5% of an organization’s global revenues or $25 million, whichever is greater. If enacted into law, these penalties would be the harshest of their kind …
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