The worlds of competition law and privacy law have been spinning closer together in Canada for the past several years. In the Competition Bureau’s Big Data and Innovation paper released in February 2018, the Bureau stated that its “mandate to ensure truth in advertising may overlap with the OPC’s [Office of the Privacy Commissioner’s] mandate to protect privacy rights. Both mandates are important to protect consumers in the digital economy. The Bureau will continue to enforce provisions of the Act even if the offending actions may be subject to enforcement under PIPEDA.”
The Bureau has reiterated this statement (and approach) in a series of speeches, reports and guidance, in which the Bureau has signalled that it would aggressively pursue its goal of enforcing competition law in the digital economy.