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May 5, 2017 – Ottawa, Ontario – Canadian Human Rights Commission (CHRC) and the Office of the Privacy Commissioner of Canada (OPC)
The Privacy Commissioner of Canada and the Chief Commissioner of the Canadian Human Rights Commission are welcoming the coming into force of the Genetic Non-Discrimination Act, as an important step for privacy and human rights in Canada.
The Act, which received Royal Assent on May 4th, now prohibits genetic discrimination across Canada. It bars any person from requiring individuals to undergo a genetic test or disclose the results of a genetic test as a condition of providing goods or services, or entering into a contract.
“Taking a test that could help save your life shouldn’t have to be a calculated risk,” said Marie-Claude Landry, Chief Commissioner of the Canadian Human Rights Commission. “Every Canadian deserves these important protections so that we can all live without fear of our genetic information one day being used against us.”
Privacy Commissioner Daniel Therrien said the issue illustrates the increasingly important connection between human rights and privacy.
“Unfortunately, the collection of personal information, including sensitive genetic information, can result in discrimination down the road. In a time of unprecedented demand for personal data, this new law adopted by Parliament is a critically important development for privacy protection,” he said.
Both Commissioners acknowledge that the Government has stated it may refer the law to the Supreme Court of Canada for its opinion on the law’s constitutionality. In the meantime, the Genetic Non-Discrimination Act remains in place and represents the current law on this important public policy issue.
Commissioner Therrien says he expects organizations subject to Canada’s federal private sector privacy law to re-examine their practices related to genetic tests and bring them in line with the new law. In light of Parliament’s passage of S-201, organizations that require genetic test results as a condition of providing a good or service will also generally be considered in contravention of the Personal Information Protection and Electronic Documents Act (PIPEDA).
“Taking a test that could help save your life shouldn’t have to be a calculated risk. Every Canadian deserves these important protections so that we can all live without fear of our genetic information one day being used against us.”
- Marie-Claude Landry, Chief Commissioner, Canadian Human Rights Commission
“Unfortunately, the collection of personal information, including sensitive genetic information, can result in discrimination down the road. In a time of unprecedented demand for personal data, this new law adopted by Parliament is a critically important development for privacy protection.”
- Daniel Therrien, Privacy Commissioner of Canada
Canadian Human Rights Commission:
Media Relations
613-943-9118
Office of the Privacy Commissioner of Canada:
Tobi.Cohen@priv.gc.ca
Telephone: 819-819-994-5689