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Fact Sheet: Digital Charter Implementation Act, 2020

Through the proposed Digital Charter Implementation Act, 2020 (DCIA), the Government of Canada intends to establish a new privacy law for the private sector, the Consumer Privacy Protection Act (CPPA). If passed, the DCIA would significantly increase protections to Canadians' personal information by giving Canadians more control and greater transparency when companies handle their personal information. The DCIA would also provide significant new consequences for non-compliance with the law, including steep fines for violations.

What does the Digital Charter Implementation Act, 2020 mean for me?

Will this new legislation limit innovation?

Canada needs to keep pace with other countries that are taking aggressive action to support trust and privacy. For example, the European Union and the United States have new privacy and e-protection laws. The proposed CPPA is an important step in ensuring Canadians can trust that their data is safe and their privacy is respected, while allowing innovation that promotes a strong economy. Changes that support business innovation include:

Strengthened enforcement and oversight

Comprehensive and accessible enforcement model: Under the CPPA, the Privacy Commissioner would have broad order-making powers, including the ability to force an organization to comply with its requirements under the CPPA and the ability to order a company to stop collecting data or using personal information. In addition, the Privacy Commissioner would also be able to recommend that the Personal Information and Data Protection Tribunal impose a fine. The legislation would provide for administrative monetary penalties of up to 3% of global revenue or $10 million for non-compliant organizations. It also contains an expanded range of offences for certain serious contraventions of the law, subject to a maximum fine of 5% of global revenue or $25 million.

What about social media?

Social media platforms are already subject to the same laws as other organizations operating in the Canadian marketplace. The CPPA would ensure that Canadians have the ability to demand that their information on these platforms be permanently deleted. When consent is withdrawn or information is no longer necessary, Canadians can demand that their information be destroyed. To reinforce this, the Privacy Commissioner will have the ability to order a social media company to comply, including order it to stop collecting data or using personal information.

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