INF/ECOM/39  
 
10 September 2019  
(19-5816) Page: 1/2 
  Original: English  
 
JOINT STATEMENT ON E LECTRONIC COMMERCE  
COMMUNICATION FROM C ANADA  
Concept Paper – Preventing the Use of Personal Information from being used for  
the Discrimination or Persecution of Natural Persons* 
The following communication, dated 4 September  2019, is being circulated at the request of the 
delegation of Canada.  
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1  CONTEXT  
1.1.  Further to Canada 's communication (dated 8 May 2019), Building Confidence and Trust in 
Digital Trade , any outcome from this initiative should both faci litate improved economic opportunities 
in the digital trading environment,  and seek to improve the confidence and trust of users in the 
digital economy. Canada, for example, as part of its trade commitments in the area of 
e-commerce/digital trade in the p ast, has included provisions related to online consumer protection, 
unsolicited commercial electronic messages, and personal information protection.  
1.2.  Similar to other Members ' proposals, Canada 's proposed personal information protection article 
would require Parties to adopt or maintain a legal framework that protects the personal information 
of users of digital trade. There are also requirements for Parties to endeavour to adopt non -
discriminato ry approaches to the protection of personal information when that information is stored 
within their jurisdiction; whether the information belongs to their own citizens or those outside of 
their territory. In addition, the proposed commitments also set out  transparency requirements for 
Parties to publish information on measures relating to personal information protection that exist in 
their jurisdiction.   
2  ENHANCING THE PROTEC TION OF PERSONAL INF ORMATION  
2.1.  Given the evolving nature of the digital economy, Can ada continues to adapt and modernize 
its approach to digital trade policy, including with respect to improving trust and confidence in digital 
trade, and as such, is interested in strengthening provisions related to the protection of personal 
information u nder the WTO Joint Statement Initiative on E -commerce.  
2.2.  With a view to helping to protect users in the digital economy from their personal information 
potentially being used by governments for the purposes of discrimination and/or persecution, 
Canada propo ses for consideration the following text, which should be read as an addition to 
Canada 's existing proposal on personal information protection:  
                                                
* This concept paper is presented without prejudice to changes in Canada' s negotiating position.  INF/ECOM/39  
 
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  No Party/Member shall use the personal information of users of digital trade to persecute or 
discriminate agains t a natural person on the basis of race, colour, sex, sexual orientation, 
gender, language, religion, political or other opinion, national or social origin, property, birth 
or other status, or disability.1  
 
1 Notwithstanding Article 16 (Exceptions) [of Ca nada's text proposal]  the Parties agree 
that there are no grounds for exception to this commitment to justify a Party 
discriminating or persecuting against a natural person.  
 
2.3.  Such a commitment would not only provide improved confidence to users of digital trade that 
their personal information would not be used by government authorities to discriminate against 
them, but would also provide commercial benefits. Companies operating in participating Members ' 
jurisdictions may be more confident in knowing that th ey would not be required to disclose users ' 
personal information for malicious purposes to a government, thus avoiding a situation whereby 
they might otherwise be criticized or potentially boycotted by their users over the forced disclosure 
of those users ' personal information to these governments.  
2.4.  This provision would not prevent government authorities from requiring companies to disclose 
personal information of companies ' users for lawful purposes. However, it would ensure that when 
disclosed, that inform ation could not be used for malicious purposes, such as the discrimination or 
persecution of someone based on race, religion, gender, disability, age, or sexual orientation, for 
example.  
2.5.  Canada looks forward to the opportunity to discuss this further with Members in upcoming 
meetings of the WTO JSI on E -Commerce and welcomes the views of Members on this proposed 
concept.  
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