Emerging Trends from Canadian Privacy Regulators and Cybersecurity Legislation?

Earlier this evening, the Office of the Privacy Commissioner of Canada (OPC) appeared before the Standing Senate Committee on National Security, Defence and Veterans Affairs on the topic of Bill C-26: An Act respecting cyber security, amending the Telecommunications Act and making consequential amendments to other Acts.

While at Committee, Commissioner Dufresne recognized the value of making explicit the OPC’s oversight role concerning the legislation. He, also, reaffirmed the importance of requiring any collection, use, or disclosure of personal information to be both necessary and proportionate. And should the Standing Committee decline to adopt this amendment they were advised to, at a minimum, include a requirement that data only be retained for as long as necessary. Government institutions should also be required to undertake privacy impact assessments and consult with the OPC.

Finally, in cases of cyber incidents that may result in a material breach, his office should be notified; this could entail the OPC being notified by the Communications Security Establishment based on a real risk of significant harm standard. Information sharing agreements should also be put in place that provide minimum privacy safeguards while also strengthening governance and accountability processes.

The safeguards the OPC are calling for are important and, also, overlap with many of the Information and Privacy Commissioner of Ontario’s (written submission, Commissioner Kosseim’s oral remarks) concerning the provincial government’s Bill 194, Strengthening Cyber Security and Building Trust in the Public Sector Act, 2024.

Should other Canadian jurisdictions propose their own cybersecurity legislation to protect critical infrastructure and regulated bodies it will be interesting to monitor for the consistency in the amendments called for by Canada’s privacy regulators.