Key Facts About Consumer Privacy Regulations in Bill C-27

Bill C-27 centres around digital privacy and consumer protection, the next successor of increasingly specific digital regulations. Originally introduced in June 2022 by the Canadian government and passed late last year, the bill's primary focus is expanding internet privacy laws and highlighting Canadian-created content. 


The existing framework for privacy laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA), was extremely outdated for several reasons. Notably, it did not account for the increasing complexity of how data moves on the internet or the absurdly high valuation of an individual’s personal online information. Several attempts at reform had been made, but bill C-27 aimed to replace it.


C-27 introduced the Consumer Privacy Protection Act (CPPA), which replaced PIPEDA in its entirety. A key difference is that it would allow individuals to withdraw their consent at any time, especially for their online data. PIPEDA only granted the right to access and rectify their personal information held by organizations. This shift towards increased consumer control over personal data follows broader trends in privacy regulation, especially in the European Union's General Data Protection Regulation (GDPR).


The bill also introduces the Artificial Intelligence and Data Act (AIDA), introducing a framework to regulate the development, implementation, and usage of artificial intelligence systems. One of the first of its kind, it broadly aims to ensure that technologies are used ethically, transparently, and safely. It requires that organizations must consider the risk and harm that artificial intelligence systems may cause.


However, conservatives question the reach and precedent of the new law. In a statement by Rick Perkins, Conservative Shadow Minister for Innovation, Science, and Industry, “Trudeau government’s amendments to the AI bill allow the Liberal government to ‘moderate’ and ‘prioritize’ the recommendations made on social media platforms. This will provide Trudeau with the authority to control what Canadians see online by giving his government the ability to ‘prioritize’ and ‘moderate’ what content they want seen.” Conservatives are concerned with the precedent the AIDA sets, especially considering the impact of artificial intelligence on social media.


Bill C-27 is significantly more well-defined and proactive than other privacy laws. It considers the far future, especially with AIDA. As technology continues to evolve, bill C-27 provides a foundation for enforcement and amendments for new regulation. However, it is important to keep in mind the precedent that this regulation sets, especially in combination with previous bills.


Sources and further reading:

https://www.justice.gc.ca/eng/csj-sjc/pl/charter-charte/c27_1.html 

https://ised-isde.canada.ca/site/innovation-better-canada/en/canadas-digital-charter/strengthening-privacy-digital-age 

https://ised-isde.canada.ca/site/innovation-better-canada/en/consumer-privacy-protection-act 

https://gowlingwlg.com/en/insights-resources/articles/2023/preparing-for-the-consumer-privacy-protection-act


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