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

Privacy officers will need to review their existing, publicly facing privacy compliance collateral and amend as required in order to meet these new requirements.