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Briefing

Privacy commissioner drops push for consent prior to cross-border data transfers

Daniel Therrien wanted tech firms to get explicit consent from consumers if their data was going to cross borders, launching a consultation in April to solicit feedback. He received 87 submissions, including many from businesses that said the new rules would create significant problems for them. In response, Therrien has decided to keep the current rules, but will advocate for legislative changes to strengthen privacy obligations for companies. (The Logic)

Briefing

Privacy commissioner drops push for consent prior to cross-border data transfers

By Zane Schwartz
Sep 23, 2019
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Daniel Therrien wanted tech firms to get explicit consent from consumers if their data was going to cross borders, launching a consultation in April to solicit feedback. He received 87 submissions, including many from businesses that said the new rules would create significant problems for them. In response, Therrien has decided to keep the current rules, but will advocate for legislative changes to strengthen privacy obligations for companies. (The Logic)

Talking point: This is a victory for large tech firms, which strongly objected to Therrien’s proposed reforms. Avoiding regulation in the short term saves tech companies the hassle of asking customers to consent to having their data cross borders. It also lets them avoid disclosing when they’re sending data to potentially embarrassing third-party contractors. In the potential fight to come over new legislation, Therrien has some allies, including the House of Commons ethics committee and a number of privacy activists. However, the tech firms are unlikely to roll over. Another potentially massive roadblock: the new USMCA trade agreement, which bars Canada from restricting many types of cross-border data transfers.

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