The federal government announced in June that the private right of action provisions in Canada’s anti-spam legislation, which were to have come into effect in on July 1, have been suspended pending a parliamentary review of the legislation.
The provisions would have allowed lawsuits against individuals and organizations under CASL.
“Canadians deserve an effective law that protects them from spam and other electronic threats that lead to harassment, identity theft and fraud,” the government said in its announcement. “At the same time, Canadian businesses, charities and non-profit groups should not have to bear the burden of unnecessary red tape and costs to comply with the legislation.
In February the CCCA and the CBA National Privacy and Access Law Section supported delaying the implementation of the provisions until the statutory review of CASL, scheduled to begin on July 1, is completed.
“This delay would give the government an opportunity to assess the appropriateness of the private right of action provisions in the context of CASL as a whole, and engage meaningfully with interested parties on their experience with CASL over the last three years. Any areas of concern could then be addressed – through legislative amendments following the review or other means – reducing unnecessary risk to organizations acting in good faith.”