A friend and colleague, Omer Tene, has written a very good paper on whether or not Canada might be found inadequate by the European Commission, if ever they decide to look at the issue again. His co-author is also a friend (and fellow Canadian!), Gabe Maldoff. Omer is our VP of Research and Education here at the IAPP, and Gabe was a Westin Fellow at the IAPP, who has since moved on to work at the international law firm of Bird & Bird.
The abstract of the paper can be found here. You can also download the entire paper, if you’re interested (but be warned it is about 60 pages long). It is an interesting take on whether Canada would be found adequate. It primarily evaluates Canada’s national security framework, juxtaposes that against the American apparatus, and puts it through the lens developed in the Schrems case (the one that invalidated the EU-U.S. Safe Harbor agreement).
They are polite in their conclusions, but my take on it is that Canada would have a hard time convincing the European Commission that we are an adequate jurisdiction.
I mention this paper because I think all Canadian privacy pros should be concerned with our adequacy. As it turns out, it’s an important and key ingredient to our growing international trade with Europe. More than hoping that privacy pros pay attention, I hope our government takes note, too, along with the necessary steps to ensure that our privacy laws keep pace with what is going on in the world around us.
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