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News
New 2018 ETHI Report – Democracy under Threat: Risks and Solutions in the Era of Disinformation and Data Monopoly
Éloïse Gratton December 17, 2018
The Standing Committee on Access to Information, Privacy and Ethics recently published its December 2018 Report : Democracy under Threat: Risks and Solutions in the Era of Disinformation and Data Monopoly. In late March 2018, the House of Commons Standing Committee on Access to Information, Privacy and Ethics began a study of the breach of personal […] Read more
News
Five Steps to Compliance with Privacy Consent Guidelines
Éloïse Gratton December 12, 2018
On January 1, 2019, the Privacy Commissioner of Canada will begin enforcing Guidelines for obtaining meaningful consent, which impose requirements for obtaining legally valid privacy consents. Compliance with the Guidelines will require many organizations to adjust their personal information practices/procedures and revise their privacy policies and related notifications. Read more
News
Privacy Commissioner launches investigation into Statistics Canada’s recent request from financial institutions
Éloïse Gratton October 31, 2018
There has been news reports yesterday about a project by Statistics Canada (“StatCan”) to collect information from financial institutions about their customers’ financial transactions. A few clients have reached out asking about StatCan’s authority to request such data. StatCan is relying on Section 13 of the Statistics Act, which appears to grant the institution broad […] Read more
News
Privacy Commissioner’s Guidance for Compliance with PIPEDA’s Breach of Security Safeguards Obligations
Éloïse Gratton October 30, 2018
On October 29, 2018 the Office of the Privacy Commissioner of Canada (“OPC”) issued a guidance document titled “What you need to know about mandatory reporting of breaches of security safeguards” (the “Guidance”) to help organizations comply with personal information security breach obligations under Canada’s federal Personal Information Protection and Electronic Documents Act (“PIPEDA”). Commencing […] Read more
News
Preparing for Compliance with New Privacy Consent Guidelines
Éloïse Gratton September 21, 2018
Commencing January 1, 2019, the Privacy Commissioner of Canada will begin enforcing Guidelines for obtaining meaningful consent, which impose requirements and provide recommendations for private sector organizations to obtain legally valid consent for the collection, use and disclosure of personal information. The Guidelines specify requirements for the form and content of privacy policies/notices and for clear […] Read more
Legal News
Loss of Legal Privilege over Cyberattack Investigation Report (Kaplan v. Casino Rama Services)
Éloïse Gratton August 30, 2018
Cyber incident response activities often involve the creation of forensic investigation reports that might be protected by legal privilege, depending on the purpose of the reports and the circumstances surrounding their creation and use. The 2018 Ontario Superior Court decision in Kaplan v. Casino Rama Services illustrates how an organization can lose the right to […] Read more
Legal News
Privacy Business Risks on the Rise: Privacy Concerns can Lead to Significant Loss in Market Value
Éloïse Gratton July 31, 2018
Business risks resulting from consumer privacy concerns are on the rise. Last week, Facebook and Twitter reported second quarter results which revealed that both companies lost a significant number of active users due to privacy and data protection concerns. Their stock price plummeted by approximately 20 per cent each, resulting in a combined loss in market […] Read more
Legal News Publications
Public Facebook Profiles Not Equivalent to Public Information Under PIPEDA
Éloïse Gratton July 23, 2018
In its most recent report of findings entitled “Company’s re-use of millions of Canadian Facebook user profiles violated privacy law,” the Office of the Privacy Commissioner (the “OPC”) dealt with the often confusing issue of personal information that is publicly available and confirmed its view that Facebook profiles that are set to public are not considered “publicly […] Read more
News
California’s New Privacy Law and What it Means for Canadian Businesses
Éloïse Gratton July 16, 2018
On June 28, 2018, the California legislature passed a new privacy law, the California Consumer Privacy Act of 2018 (“CCPA”), which will come into effect on January 1, 2020. The CCPA could impact Canadian organizations doing business in California, the world’s fifth largest economy (with a larger population than Canada), even if they have no physical […] Read more
News
Government of Canada Responds to ETHI Committee Report on PIPEDA Review
Éloïse Gratton June 22, 2018
The Government of Canada has responded to the February 2018 report by the Standing Committee on Access to Information, Privacy and Ethics (“ETHI” or “Committee”) on the review of the Personal Information Protection and Electronic Documents Act (“PIPEDA”). The ETHI’s report, entitled “Towards Privacy by Design,” discussed many topics and provided recommendations to ensure that PIPEDA […] Read more