Between busy work schedules and attempts to squeeze some enjoyment out of the great summer weather, it’s not easy to find the time to write a submission to the Office of the Privacy Commissioner of Canada (OPC) consultation on transfers for processing. But we did it; not because we wanted to spend even more time indoors, but because this is a really important issue, and we wanted to be sure that our perspective was heard (our submission is here).
Until recently, the notion that a transfer of personal information for processing (regardless of the location of the processor) is not a disclosure, and does not require consent, seemed like a simple fact under PIPEDA that everyone acknowledged and accepted. It was also, in our view, intentional, reflecting one of the finer examples of foresight and wisdom demonstrated by the drafters of PIPEDA.
While we still believe this to be true, that the OPC may be trying to change this is concerning, and shows that you can never really take anything for granted in law. Here’s hoping that our submission (and, we assume, the many others with a similar perspective) is effective.