The CMA has urged the federal privacy commissioner to not change its interpretation of PIPEDA with regards to third-party data processing. The additional consent that would be required would not provide consumers with any meaningful improvement in privacy protection and would instead contribute to “consent fatigue”.

Part of the CMA’s position is stated:

“We urge the OPC not to change its interpretation of the current Act with regards to third-party
processing. The proposed re-interpretation is at odds with the stated objectives of PIPEDA and its
original Parliamentary intent, as well as Canada’s wider government and economic agenda to balance
the rights of consumers with reasonable restrictions on business. In fact, it would not achieve either of
these objectives. The additional consent that would be required would not be in the best interests of
consumers

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. Consumers would not benefit from any meaningful improvement in privacy protection.
Instead, the change would contribute to “consent fatigue”, causing consumers to be less likely to
carefully review notices and make informed decisions on when to provide their consent, rather than
empowering them by improving transparency and strengthening the accountability of organizations to
their customers and the public.”

To read the full submission, click here

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