Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act

Part One of this series discussed the history of Canada's recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzed the new compliance requirement of valid consent. Part Three continues the analysis of new compliance requirements, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.

New Content for Privacy Policies 

The federal Personal Information Protection and Electronic Documents Act (PIPEDA) already requires that organizations make readily available to individuals information about its policies and practices relating to the management of personal information. However, the Act requires not only that this information be made available "in plain language" (see, Section 62(1) of the Act.), but also that the information now include (in addition to a description of the type of personal information under the organization's control, how an individual may make a request for disposal or access, and the business contact information of the individual to whom complaints or requests for information may be made — all of which are existing PIPEDA requirements) the following specific additional information: a) in addition to a general account of how the organization uses the personal information, an account as to how it applies the exceptions to the requirement to obtain an individual's consent, which must include a description of any activities in which it has a "legitimate interest" (see above); b) a general account of the organization's use of any automated decision system to make predictions, recommendations or decisions about individuals that could have a significant impact on them (see below); c) whether or not the organization carries out any international or interprovincial transfer or disclosure of personal information that may have "reasonably foreseeable privacy implications"; and d) the retention periods applicable to sensitive personal information. See, Section 62(2) of the Act.