Consent is not needed for the transfer of personal data from Canada to other countries, says the Canadian Office of the Privacy Commissioner.
Following a consultation on transfers of personal information for processing, the Office of the Privacy Commissioner of Canada (OPC) has concluded that its guidelines for processing personal data across borders will remain unchanged under the current law.
Even though consent is not needed for the transfer, transparency remains paramount. Organizations should advise customers that their personal information may be sent to another jurisdiction for processing and that while the information is in another jurisdiction it may be accessed by the courts, law enforcement and national security authorities. During its consultation, the Office received 87 submissions.
The vast majority took the view there was no requirement under the Personal Information Protection and Electronic Documents Act (PIPEDA) to seek consent for transfers for processing and that doing so would create enormous challenges for their business processes.