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News
PIPEDA’s Breach of Security Safeguards Regulations now published and open for comments
Éloïse Gratton September 8, 2017
On June 15, 2015, Bill S-4, the Digital Privacy Act amended the Personal Information Protection and Electronic Documents Act (PIPEDA). Under new sections 10.1 through 10.3 which are not yet in force, the Digital Privacy Act introduces an explicit obligation to notify individuals in cases of breaches, and report to the Office of the Privacy […] Read more
Events News
Webinar: Complying with Canada’s Upcoming Breach Notification Requirements (August 29)
Éloïse Gratton August 10, 2017
I will participate, with Eduard Goodman, Global Privacy Officer for Cyberscout, at a webinar taking place on Tuesday, August 29, at 11 am PT / 2 pm ET on the management of cybersecurity breaches and notification requirements. The amendments to PIPEDA – through the Digital Privacy Act – will require private-sector organizations doing business in Canada to notify […] Read more
News
Settlement of Ashley Madison Data Breach U.S. Class Action Lawsuits
Éloïse Gratton August 10, 2017
In 2015, the Ashley Madison discreet affair website operated by Ruby Corp. (previously known as Avid Life Media) was subject to a cyber-attack by hackers who published the details (including sensitive personal information) of over 30 million Ashley Madison user accounts. The data breach resulted in a joint investigation by the Canadian and Australian Privacy […] Read more
Events News
Responsible Openness: What You Need To Know To Get Started Today – RDA Event September 18th
Éloïse Gratton July 29, 2017
I will be participating at the Responsible Openness: What You Need To Know To Get Started Today – RDA 10th Plenary Collocated Event taking place in Montreal on September 18, 2017. Research projects handling data come under scrutiny when they seek to obtain funding, with the principal investigator asked to present a responsible data management […] Read more
News
Mandatory Reporting of Privacy Breaches to the Information and Privacy Commissioner now required under the Personal Health Information Act
Éloïse Gratton July 12, 2017
In June 2016, the Personal Health Information Protection Act (PHIPA) was amended to require that custodians provide notice to the Information and Privacy Commissioner of Ontario if the circumstances surrounding a theft, loss or unauthorized use or disclosure met certain requirements. In June yhis year, the regulations setting out those circumstances were published and are […] Read more
News
Google Inc. v. Equustek Solutions Inc.: Supreme Court Gives the Green Light to Global Orders to Take Down Search Results
Éloïse Gratton July 5, 2017
The Supreme Court of Canada confirmed for the first time last week in Google Inc. v. Equustek Solutions Inc. that Canadian courts can order the worldwide removal of search results. Overview In a divided decision (7-2), the Court upheld an interlocutory injunction prohibiting Google from displaying the websites of a company which allegedly counterfeited another […] Read more
News
Douez v. Facebook : The Supreme Court of Canada confirms that a business cannot contract out of the local privacy law
Éloïse Gratton June 28, 2017
On June 23rd, 2017, the Supreme Court of Canada issued a decision in Douez v. Facebook on the enforceability of forum selection clauses in online contracts which will significantly affect the legal risks of businesses employing the Business to Consumer (B2C) revenue model. The divided Court rejected Facebook’s effort to block a privacy class action […] Read more
Legal News
CASL – Government Suspends Private Right of Action
Éloïse Gratton June 7, 2017
The Government of Canada published today an Order in Council P.C. 2017-0580, indefinitely suspending the effective date of the private right of action under Canada’s Anti-Spam Legislation (CASL). The Precis for the Order in Council explains that purpose of the Order is to delay the coming into force date of the private right of action […] Read more
News
Preparing for CASL’s Private Right of Action
Éloïse Gratton May 16, 2017
Commencing July 1, 2017, CASL contraventions will be subject to enforcement through private litigation, including class proceedings, by individuals and organizations seeking compensatory damages and potentially substantial statutory damages. Organizations should take steps now to verify their CASL compliance and mitigate the risks of CASL regulatory enforcement and private litigation. Read more
Events News
Événement Femmes Leaders (Les Affaires) – 16 mai 2017
Éloïse Gratton May 14, 2017
Je participerai à titre de conférencière à la 7ème édition de l’événement Femmes Leaders organisé par Les Affaires. L’événement se déroule le 16 mai prochain de 8h à 17h au Westin Montréal. Ma présentation est intitulée “Innovations technologiques et Big Data : extraire et utiliser des informations stratégiques à valeur ajoutée, tout en gérant ses risques”. […] Read more