PIPEDA AND FIRST NATIONS: APPLICATION AND REFORM - March 2023

Finally, either the complainant or the OPC of the Privacy Commissioner of Canada (OPC) as can apply to have the matter heard at the Federal soon as feasible of any breach of security if the Court. [...] Lastly, the legislation, including: new legislation requires the organization to obtain the individual’s consent before or at the time of • the exceptions for investigating the collection and makes express consent the default contravention of a law of Canada, a province, form of required consent. [...] First Nations will want to consider how be made aware of the type of personal information these exceptions to consent are interpreted and that is to be collected, used, or disclosed as well as their implications to their data sovereignty in the the names of third parties to which the personal years to come. [...] The introduction of Bill C-27, which would replace At the provincial level, in 2019 the BC government PIPEDA with the new CPPA, includes nothing that passed the Declaration on the Rights of Indigenous refers to the goals of Indigenous data sovereignty. [...] However, where provinces amended to prevent the use of de-identified data if pass legislation that is “substantially similar” the result is an aggregation of data about individual the Governor in Council can pass regulations First Nations communities, groups of First Nations recognizing this and exempting the application communities or First Nations in general, without the of the CPPA within that.