The Digital Privacy Act

In Class Activity 1

The Digital Privacy Act, introduced in 2015, includes important revisions to Canada’s privacy legislation.

Three key points in your own words.

• Time limit for court applications:

The time limit for court applications under PIPEDA has been changed from 45 days to one year (or a longer period that the Court may allow).

• Valid Consent:

New language in PIPEDA with respect to agreement indicates what constitutes substantial agreement.

Assent is viewed as substantial just on the off chance that it is sensible to anticipate that that people will whom an association's exercises are coordinated would comprehend the nature, reason and outcomes of the gathering, utilize or revelation, to which they are consenting.

• Commissioner’s Powers:

• A new arrangement enables the Privacy Commissioner to go into consistence assertions went for guaranteeing associations conform to PIPEDA where the Commissioner accepts on sensible grounds that an association has submitted, is going to confer or is probably going to submit a demonstration or exclusion that could constitute a contradiction of PIPEDA or an inability to take after a suggestion in Schedule I to the Act. •

• Under a consistence assent ion, an association consents to take certain activities to carry itself into consistence with PIPEDA. Going into a consistence understanding would block the Privacy Commissioner from starting or proceeding with a court application under PIPEDA in regard of any issue secured by the assent ion.

• However, if an association eventually neglects to satisfy duties in an assent ion, the OPC could, in the wake of informing the association, either apply to the court for a request requiring the association to consent to the terms of the understanding, or start or restore court procedures under PIPEDA as suitable.