• First Reference
  • About us
  • Contact us
  • Blog Signup 📨

First Reference Talks

Discussions on Human Resources, Employment Law, Payroll and Internal Controls

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies
You are here: Home / Information Technology / A new privacy law for Ontario’s private sector?

By SpringLaw | 2 Minutes Read September 9, 2020

A new privacy law for Ontario’s private sector?

privacy law

In August, the Ontario government began public consultations on strengthening privacy protection in the province. The pandemic has brought home how important privacy protections are, as we live more and more of our lives virtually. Currently, there is no Ontario law applicable to privacy protections in the public sector. Though the federal Personal Information Protection and Electronic Documents Act (PIPEDA) applies, there are still many gaps. PIPEDA regulates how private sector organizations collect, use and disclose personal information when conducting business in Canada. PIPEDA does not provide any privacy protection to, for example, provincially regulated private sector employees in Ontario. 

Proposals

In undertaking the public consultation process, the government aims to improve protections for personal information. 

Here’s a quote: “Our goal is to help ensure that the public can confidently participate in the digital economy, use the digital platforms they rely on to purchase goods and services, stay connected with their community and do business in Ontario.”

While presumably these may be tweaked based on the outcome of the consultations, the following are some of the provincial government’s proposals:

  • Provide individuals with more detail and transparency about how their information is being used by businesses and organizations
  • Enhance consent provisions, allowing individuals to revoke consent at any time and adopting an “opt-in” model for secondary uses of their information
  • Give individuals the right to request information related to them be deleted
  • Give individuals the right to their data in a standard and portable digital format, giving individuals greater freedom to change service providers without losing their data—a.k.a. “Data Portability”
  • Increase enforcement powers for the Information and Privacy Commissioner to ensure businesses comply with the law, including the ability to impose penalties
  • Introduce requirements for anonymized or de-identified information and derived from personal information 
  • Provide for greater coverage for privacy legislation
  • Create a legislative framework to enable the establishment of data trusts for privacy protective data sharing

Alexa? Can I trust you?

The government aims to address the following list of pretty scary concerns:

  • Smart home devices with security vulnerabilities—like Alexa, Google Home—that can capture and transmit audio and video feeds—yikes! 
  • Facial recognition and cell signal or GPS tracking that will eliminate privacy about where we are
  • Privacy breaches and the theft of personal information via:
    • cyber attacks
    • employees using their own credentials to inappropriately access or steal personal information
    • improper administrative, technical and physical safeguards at the organization

Participate!

If you’d like to have your say in the consultations process, you have until October 1, 2020, to take the online survey.  Organizations and technical experts are invited to make written submissions and virtual town hall sessions will be held, though have not yet been scheduled. 

Changes to Ontario’s privacy laws will likely mean that private sector organizations need to do more with respect to the collection, use and storage of personal information. Penalties for failure to comply with any new law will likely be hefty. Similar proposed legislation in Quebec imposes a maximum fine of $25,000,000 CAD or 4 percent of worldwide turnover from the preceding fiscal year, whichever is greater. Ouch! 

  • About
  • Latest Posts
Follow me
SpringLaw
Employment and Labour Law Firm at SpringLaw
SpringLaw is a virtual Canadian boutique law firm, practicing exclusively in the areas of employment, labour and human rights law. We work with a wide range of employers - from global companies with operations in Canada to local owner-operators and start-ups - advising on the wide range of legal issues that arise out of the workplace, particularly workplaces in the tech and creative space. We also provide legal and strategic advice to employees throughout their employment journey. Blog posts are written by Lisa Stam, Hilary Page, Emily Siu, Danielle Murray, Lindsay Koruna, Jessyca Greenwood, Marnie Baizley, Matt Chapman, Evaleen Hellinga and Tiffany Thomas.
Follow me
Latest posts by SpringLaw (see all)
  • Ontario requirement for naloxone in the workplace - January 11, 2023
  • New year, new employment agreements? - December 14, 2022
  • Termination clauses going into 2023 – What employers need to know - November 9, 2022

Article by SpringLaw / Information Technology, Privacy / Ontario privacy law, PIPEDA, privacy, public sector privacy law

Share with a friend or colleague

Get the Latest Posts in your Inbox for Free!

Electronic monitoring

About SpringLaw

SpringLaw is a virtual Canadian boutique law firm, practicing exclusively in the areas of employment, labour and human rights law. We work with a wide range of employers - from global companies with operations in Canada to local owner-operators and start-ups - advising on the wide range of legal issues that arise out of the workplace, particularly workplaces in the tech and creative space. We also provide legal and strategic advice to employees throughout their employment journey. Blog posts are written by Lisa Stam, Hilary Page, Emily Siu, Danielle Murray, Lindsay Koruna, Jessyca Greenwood, Marnie Baizley, Matt Chapman, Evaleen Hellinga and Tiffany Thomas.

Footer

About us

Established in 1995, First Reference is the leading publisher of up to date, practical and authoritative HR compliance and policy databases that are essential to ensure organizations meet their due diligence and duty of care requirements.

First Reference Talks

  • Home
  • About
  • Archives
  • Resources
  • Buy Policies

Main Menu

  • About First Reference
  • Resources
  • Contact us
  • 1 800 750 8175

Stay Connected

  • Facebook
  • LinkedIn
  • Twitter
  • YouTube

We welcome your comments on our blog articles. However, we do not respond to specific legal questions in this space.
We do not provide any form of legal advice or legal opinion. Please consult a lawyer in your jurisdiction or try one of our products.


Copyright © 2009 - 2023 · First Reference Inc. · All Rights Reserved
Legal and Copyright Notices · Publisher's Disclaimer · Privacy Policy · Accessibility Policy