BLG Highlights Industry Concerns in Response to OPC Consultation on Cross-Border Dataflows

On August 6, 2019, we submitted an official response to the call for comments issued by the Office of the Privacy Commissioner of Canada (OPC) in its “Consultation on transfers for processing – Reframed discussion” document dated June 11, 2019 (the “Consultation”). The revised Consultation reframed its original consultation on transborder dataflows dated April 9. The April 9 consultation was prompted by a decision in which the OPC, in a significant departure from its guidelines and decisions under the Personal Information Protection and Electronic Documents Act (PIPEDA), introduced a requirement for an organization to obtain consent for outsourcing activities involving personal information to a service provider outside of Canada. It takes the position that consent from individuals is required prior to any transfer of their personal information across a provincial or national border, including for mere processing purposes.

Our submission incorporates the positions and concerns of our clients, who operate businesses in various industries that are impacted by the present Consultation. We have submitted that the revised position be reconsidered by the OPC and have detailed our reasoning in our response. To view our response letter to the OPC, please click here.

For more background on this topic, read our earlier bulletin “Important Privacy Commissioner Consultation Impacting Cross-Border Dataflows and Outsourcing”.  

This content has been updated on August 6, 2019 at 15 h 25 min.