On March 20, 2020 the Office of the Privacy Commissioner of Canada (“OPC“) issued its guidance for privacy during a pandemic. The guidance, Privacy and the COVID-19 outbreak, deals primarily with the ability of an organization to handle personal information during a health emergency. Similar guidance was issued by the Privacy Commissioners in seven other provinces and is linked to within the OPC’s guidance.
Businesses hopeful that there would be some flexibility in the interpretation of the privacy laws during the COVID-19 pandemic will be disappointed. The OPC’s guidance does not offer any information on how businesses – many of which are being forced to rapidly retool existing processes or adopt new digital ones – can think differently about privacy or indicate that the OPC may interpret privacy laws more leniently in the context of an emergency.