The Canadian Office of the Privacy Commissioner has issued a “consultation on cross border transfers,” detailing its policy and seeking comments from stakeholders.
Key points on which consultation is sought:
- Individuals would reasonably expect to be notified if their information was to be disclosed outside of Canada and be subject to the legal regime of another country.
- Individuals must be informed of any options available to them if they do not wish to have their personal information disclosed across borders.
- When disclosing personal information to a third party for processing, a company does not relinquish control of the information.
According to the OPC, the document “aims to explain how the OPC’s approach on cross border data flows, including transborder transfers for processing, has evolved and to solicit feedback from interested parties.”