California's Data Privacy Legislation and Cross-Border Issues

[Stephanie Perrin]

I think in fact the California law more closely resembles PIPEDA as it 
currently exists.  What Ann Cavoukian, former Ontario information and 
privacy Commissioner is being quoted on is that she wishes they had 
adopted  the privacy by design approach.  If you look closely at the PBD 
handbook, though, it is based on the same principles.

Privacy by Design as a concept is great....turning it into more detailed 
prescriptive standards or even legislative drafting is very difficult.  
It could be summed up as think first of privacy, as you build systems.  
Here are those PBD principles:

Principle 1: Proactive not reactive: preventative not remedial 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260899479-principle-1--proactive-not-reactive--preventative-not-remedial> 

Principle 2: Privacy as the default setting 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260942528-principle-2--privacy-as-the-default-setting> 

Principle 3: Privacy embedded into design 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260974666-principle-3--privacy-embedded-into-design> 

Principle 4: Full functionality: positive-sum, not zero-sum 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260975425-principle-4--full-functionality--positive-sum--not-zero-sum> 

Principle 5: End-to-end security: full lifecycle protection 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260976305-principle-5--end-to-end-security--full-lifecycle-protection> 

Principle 6: Visibility and transparency: keep it open 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260977082-principle-6--visibility-and-transparency--keep-it-open> 

Principle 7: Respect for user privacy: keep it user-centric 
<https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/#accordion-content-1501260977729-principle-7--respect-for-user-privacy--keep-it-user-centric> 


All of that is in the Canadian standards CAN/CSA Q830-96, which is the 
basis of PIPEDA. Former Commissioner Cavoukian was a member of that 
committee as a whole.

See her website at Ryerson for the PBD 
https://www.ryerson.ca/pbdce/certification/seven-foundational-principles-of-privacy-by-design/

See the Office of the Privacy Commissioner of Canada for information 
about PIPEDA 
https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/r_o_p/ 


cheers Stephanie Perrin

On 2018-07-10 09:19, Sam Lanfranco wrote:
> Here is a short review of the relationship between a U.S. state's 
> (California's) data protection legislation and the potential impact on 
> Canada. In this case the impact is minimal since Canada is looking to 
> even stronger legislation.
>
> See: 
> https://www.itbusiness.ca/news/how-does-californias-tough-new-data-privacy-law-affect-canadian-businesses/102690
>
> The Canadian legislation is drawing on former Ontario Privacy 
> Commissioner, Privacy By Design architect, and Ryerson University 
> Privacy by Design Centre of Excellence leader Ann Cavoukian's */seven 
> Privacy By Design principles/* in developing a much-needed update of 
> Canada’s privacy laws.
>
> Sam Lanfranco
>
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