Canada: Consultation closed on increased protection of personal data in Ontario through compliance obligations and penalties

The Ontario Ministry of Government and Consumer Services closed its consultation on August 3, 2021. The consultation started on June 17, 2021 with the publication of a white paper regarding a modernization of Privacy in Ontario. In the paper, Ontario proposed the possibility of a provincial privacy and data protection law to complement federal law, although said step would require introducing a bill by the Legislative Assembly of Ontario. The consultation proposes to close alleged gaps in federal law, particularly Bill C-11. For one, a rights-based approach to privacy is to be introduced, regardless of commercial interests. Furthermore, a proposal to ensure that automated decision-making is safely used is included, as well enhancing consent and lawful uses of personal data and data transparency for all Ontarians, while especially protecting children and youth. Finally, a regulatory regime with administrative monetary penalties for non-compliance (up to $10 million or 3% of gross global revenue and maximum $50'000 for individuals) is proposed as well as the general support for Ontario Innovators.