Last week, I asked whether anyone knew what was going on in Alberta with respect to fixing PIPA on time. Here’s a little update: The new Alberta premier prorogued the legislature last week, returning November 17. The Supreme Court of Canada's decision that PIPA is unconstitutional was made last November 15. It was suspended for one year, so PIPA will be of no force or effect after November 14, until it is reenacted.
I think the new PIPA would then have to be declared substantially similar, so there is definitely going to be a gap during which PIPA won’t apply in Alberta. All is not lost, however, because for that intervening time, PIPEDA will apply. It just makes for an interesting conundrum for those responsible for enforcing the laws and perhaps even for those trying to comply with them. Will the PIPA enforcement staff in Alberta all be seconded to the federal Office of the Privacy Commissioner, I wonder? The various administrative burdens that arise from this sound like a complete headache to me.
Perhaps that’s why, as you will see in the news below, the government in Alberta is making a last ditch attempt to ask the Supreme Court for more time. Too bad they didn’t listen to Commissioner Jill Clayton way back in December of last year; this mess could have been avoided. What’s that old saying about procrastinators?
On another note, for those who are in the national capital region next Friday, October 3, there’s an event being held at Algonquin College you may want to check out. The conference on cybersecurity is a “free, one-day conference to share ideas about the hottest topics in cybersecurity, data privacy, ‘dark actor’ tactics, identity theft, the future of cybersecurity careers and much more.” I will be there, so if you are too, please come by the IAPP booth and say hi.
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