Bill C-11 is introduced in the House of Commons, which is the Digital Charter Implementation Act 2020 (DCIA). The charter proposes to repeal certain parts of the PIPEDA (Personal Information Protection and Electronic Documents Act) of Canada with respect to collection, use and disclosure of personal information for commercial activity.
As recently noticed the trend of modernization in the enacted laws of Canada and/or its provinces are in full force, wherein several Bills are being introduced to curb and cover the aspects which the earlier act failed to provide for. For eg. Bill 64 introduced in the Quebec National Assembly on 12th June 2020 in order to bring the modern changes in the act and make it more transparent and it should meet the current need.
The DCIA-2020 includes the Consumer Protection Privacy Act, this act is a step forward for the modernization of existing Canadian Federal Law (PIPEDA) for the protection of Personal Information.
In our opinion this trend is set after the EU’s GDPR which is not only stringent in terms of its definitive part but also explicit in inflicting the fine of its breach. The quantum of fine is provided under the GDPR article which is 83 (4) & (5). The similar norms have been replicated in Quebec’s Bill 64 and Bill C-11 of Canada.
Bill C-11 proposes for the Administrative Monetary penalties wherein no mandatory minimum fine is provided for but the maximum limit is controlled by giving a figure of $10,000,000 and 3% of the organisation’s global revenue in its financial year.
Few Essential points to be taken a note of-
- Enactment of Personal Information and Data Protection Tribunal Act which provides for the establishment of Administrative tribunals to hear the appeal from Privacy Commissioner.
- Fine/Penalty mentioned as more clearly mentioned above
You can refer and read the Bill here-
https://parl.ca/DocumentViewer/en/43-2/bill/C-11/first-reading
What we can conclude by seeing the fine figures as given in the Bill is that more or most of the countries or member countries are realizing the biggest threat in the world which is definitely “Data Privacy / Protection of Personal Information’ and the legislature is being more strongest in its approach while dealing with such breach as it is the dire need of all the welfare states. Indeed after the enforcement of GDPR various countries have taken a cue from it and tried/trying to move towards the same direction.
References-
- https://parl.ca/DocumentViewer/en/43-2/bill/C-11/first-reading
- https://parl.ca/