INF/ECOM/74  
 
10 February  2023 
(23-0994) Page: 1/2 
  Original: English  
 
 
JOINT STATEMENT ON ELECTRONIC COMMERCE  
FACT SHEET: CANADA'S PRIVACY PROPOSAL AT THE WTO JSI ON E -COMMERCE  
Communication by  Canada  
The following communication, dated 9 February  2023, is being circulated at the request of  the 
delegation of Canada . 
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INTRODUCTION  
In October 2020, Canada introduced a proposal on Preventing the use of Personal Information from 
being  used for the Discrimination against or Persecution of  Natural Persons . This proposal is intended 
to increase  trust and confidence by users and businesses in  governments and the digital economy.   
WHAT IS THE PROPOSED DISCIPLINE?  
Three paragraphs that are composed of:  
 
• A binding obligation on governments not to use  personal information obtained from 
businesses to  discriminate against or persecute natural persons  on manifestly wrongful 
grounds (para graph  12 of the  December  2022 consolidated version) ; 
• A soft obligation for governments to protect the  personal information disclos ed to them by  
businesses (para graph 13); and,  
• A commitment preventing governments from  using this information in a manner that can  
reasonably be expected to cause an individual  "significant harm " (para graph 14). 
WHAT IS THE PROPOSAL 'S SCOPE?  
The proposal w ould cover personal information that  governments receive from businesses. Building 
on the  GATS General Exceptions, paragraph 14 also  includes a footnote that carves out public 
disclosure of  personal information for the purposes of legitimate law  enforcemen t activities, provided 
that such a disclosure  remains consistent with paragraph 12. We consider  this footnote to provide 
additional flexibility beyond the  General Exceptions.  
WHY IS CANADA MAKING THIS PROPOSAL?  
Canada 's main objective is to promote the trust and  confidence of users and businesses in the digital  
economy, a desire shared by participating Members.  The proposal would provide the global business  
community with assurance that governments will  protect the personal information of their users 
when subject to requests for such information. Meanwhile,  the users who submit personal 
information to  businesses and other private entities online would  have more confidence that their 
personal information  will not be used against them when disclosed to  government authorities. In 
addition, we believe it is  important that users and businesses benefit directly  from any new rules on 
e-commerce, given they are  the main actors in digital trade.   
 
Canada also considers these proposed commitments  important in that t hey may help to prevent  
discriminatory requirements from being imposed on  foreign businesses. For example, absent such  
commitments, governments could subject foreign  businesses to requests for user data, while not  
subjecting their domestic businesses to th e same  requirement. This could effectively discourage  
individuals from providing personal data to foreign  businesses, and lead to discriminatory measures  
which negatively affect digital trade.  INF/ECOM/74  
 
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  WOULD THE PROPOSAL BE SUBJECT TO DISPUTE  SETTLEMENT?  
Canada intends this  proposal to be subject to dispute  settlement procedures.  
HAS CANADA SOUGHT INPUT FROM STAKEHOLDERS ON ITS  PROPOSAL?  
Yes, Canada has consulted extensively with domestic  and international stakeholders, all of whom 
have indicated strong su pport for these commitments.  Businesses, academics, and civil society 
actors  support the inclusion of these commitments in a final  outcome in these negotiations  
WHAT IS THE RELATIONSHIP TO TRADE AND E -COMMERCE?  
Canada 's proposal is commercially relevant as  it focuses on the relationship between businesses and  
governments. Many Members believe that rules on e -commerce  should, among other goals, enhance  
confidence and trust in the digital economy, including  through privacy -related measures. By building 
trust and confidence, this would result in even further  economic growth of the digital economy, to 
the benefit  of all.  
WHY IS NOW THE RIGHT TIME?  
Given the continued growth of digital trade, and the  sharing of users ' personal information with 
businesses  that this entails, there is a growing need for Members  to take on relevant 
privacy  disciplines . 
For more information:  
- about Canada 's privacy proposal, including the language  of the proposal, click here . 
- about the number of requests for users ' data, click here . 
 
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