The Act to modernize legislative provisions as regards the protection of personal information[1] (“Bill 64”) received royal assent on September 22, 2021, introducing amendments to the privacy regime and the framework governing the use and collection of personal information (“PI”) by public and private sector privacy laws in Quebec. Meanwhile, on June 16, 2022, the federal government introduced three new acts under Bill C-27, An Act to enact the Consumer Privacy Protection Act, the Personal Information and Data Protection Tribunal Act and the Artificial Intelligence and Data Act and to make consequential and related amendments to other Acts (or Digital Charter Implementation Act, 2022) (“Bill C-27”).

On June 16, 2022, the Canadian Minister of Innovation, Science and Industry introduced Bill C-27, which will enact the Consumer Privacy Protection Act (“CPPA”) and repeal Part 1 of the current Personal Information Protection and Electronic Documents Act (“PIPEDA”). This article is part of our Bill C-27 Blog Series, which provides a comprehensive overview of the privacy reform launched by the Canadian government.

When do commonplace Internet advertising “nudge” techniques cross the line into inappropriate manipulation?

Regulators now have a new source of Internet harm in their crosshairs: so called “dark patterns”. Generally speaking, the expression “dark patterns” refers to manipulative or deceptive user interface design choices engineered by developers to nudge individuals towards decisions they might not otherwise make, including unintended and potentially harmful decisions. Dark patterns have been a recent area of focus for regulatory authorities.

Following a global trend in artificial intelligence (“AI”) regulation, which has taken momentum in the U.S. and the EU, Canadian legislators appear to be poised to move beyond policy frameworks, developed by both private and public bodies, and adopt hard law. On June 16, 2022, Bill C-27 was introduced in Parliament for its first reading. Titled The Digital Charter Implementation Act, 2022, Bill C-27 is the second attempt at reforming federal privacy law in Canada. It follows Bill C-11, which died on the order paper when the 2021 election was called.

In a second attempt at overhauling Canada’s federal privacy legislation, today Canada’s Minister of Innovation, Science and Industry François-Philippe Champagne introduced Bill C-27: Digital Charter Implementation Act, 2022 (“Bill C-27”). It aims to create three new pieces of legislation:

• The Consumer Privacy Protection Act (“CPPA”);
• The Personal Information and Data Protection Tribunal Act (“PIDPTA”); and
• The Artificial Intelligence and Data Act (“AIDA”).

Introduced on June 16, 2022, Bill C-27: Digital Charter Implementation Act, 2022 (“Bill C-27”) is the second attempt by Parliament at a modernized Canadian privacy regime, through both the Consumer Privacy Protection Act (“CPPA”) and the Artificial Intelligence and Data Act (“AIDA”).

In this blog post, we will consider Bill C-27’s new policies as they relate to data governance, including how its proposed requirements impact data use, data management, and record keeping.

Canada is planning to revamp its comprehensive privacy law by repealing the existing comprehensive privacy law, PIPEDA, and by enacting Bill C-27, the Digital Implementation Act (“DIA”) to enact the Consumer Privacy Protection Act (CPPA), Personal Information and Data Protection Tribunal Act (PIDTA), and Artificial Intelligence and Data Act (AIDA). Bill C-27 replaced Bill C-11 (the former drafts of the CPPA and PIDTA). While the DIA attempts to rectify some of the criticisms with Bill C-11, many of the problems remain and problems have emerged in the new Bill.