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A bilateral data-sharing deal with U.S. better than status quo, says privacy watchdog

Mar 25, 2022 | 10:53 AM

WASHINGTON — Canada’s privacy watchdog is cautiously optimistic about the prospect of a bilateral deal with the United States to streamline cross-border access to data in criminal investigations. 

The federal privacy commissioner says any agreement would need to have “explicit safeguards” to protect the rights of Canadians.  

Daniel Therrien’s office says such an agreement would be an improvement over the current status quo, given the reach of new federal laws in the U.S. 

The Clarifying Lawful Overseas Use of Data Act, passed in 2018, gives U.S. authorities the power to compel the disclosure of foreign data, in some cases without a warrant. 

Vito Pilieci, a spokesman for Therrien, says Ottawa has committed to working with the privacy commissioner and the provinces and territories as treaty negotiations proceed. 

Canada and the U.S. agreed to pursue the talks as part of a cross-border crime forum this week in Washington with Public Safety Minister Marco Mendicino and Justice Minister David Lametti. 

This report by The Canadian Press was first published March 25, 2022.

The Canadian Press