FIMS Publications
Document Type
Working Paper
Publication Date
3-15-2024
First Page
1
Last Page
41
Abstract
In this paper, we will evaluate new bills slated to replace the Personal Information Protection and Electronic Documents Act (PIPEDA) and offer stronger privacy dark pattern protections to Canadians.
Existing scholarship in the realm of privacy law, such as “Deceptive Design and Ongoing Consent in Privacy Law” by Jeremy Wiener and “Privacy Dark Patterns: A Case for Regulatory Reform in Canada” by Ademola Adeyoju, primarily focuses on creating frameworks for understanding privacy dark patterns in the law and explaining the pitfalls and legal inadequacies surrounding dark pattern legislation in Canada.
However, the aim of this paper diverges significantly. While acknowledging the invaluable insights provided by these foundational works, the objective of this article is twofold: First, to offer a comprehensive review of multiple proposed legislative bills slated to replace PIPEDA in Canada; and second, to critically evaluate the effectiveness of these proposed changes, especially in comparison with more robust frameworks like California's Consumer Privacy Act (CCPA) and the European Union's General Data Protection Regulation (GDPR), which offer extensive protections against dark patterns. In doing so, this paper seeks to fill a gap in the existing literature by examining how proposed Canadian legislation measures up to international standards in protecting citizens from the pitfalls of dark patterns.