This article argues that Canada's inadequate privacy and data protection laws threaten its crucial trade relationship with the European Union. The EU's "adequacy" decisions, which determine if foreign jurisdictions sufficiently protect European data, are vital for strong trade ties. While Canada initially received an adequacy decision in 2002, this is under review due to concerns about Canada's weak laws and intelligence-sharing practices.
European regulators have expressed worry over several aspects:
Recent attempts to update Canadian cybersecurity legislation have also raised concerns, prompting warnings from oversight actors like the Intelligence Commissioner and the Privacy Commissioner.
The article criticizes Canada's past policy of prioritizing alignment with the US, including concessions in the USMCA that hampered its ability to control data flows and localization.
It highlights the government's ineffective approach to tech policy which includes ineffective financial handouts to programs, and appointing slow-moving regulators.
The author emphasizes that Canada must strengthen its privacy and data protection laws to protect its economic security, both by asserting its sovereignty and maintaining vital trading relationships. This requires a shift away from prioritizing alignment with the U.S. and a renewed focus on robust domestic data protection standards that meet EU requirements.