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News
Federal Court certifies privacy class action in the Marijuana case
Éloïse Gratton July 29, 2015
It was announced yesterday that the Federal Court of Canada has certified the privacy class-action lawsuit involving 40,000 people which pertains to the medical marijuana access program. The case was launched in 2013 after Health Canada sent letters to people with the program’s name on the envelope. The envelope containing the letter explicitly identified the “Marihuana Medical Access Program” in […] Read more
News
Is taking someone’s picture in public breaching their privacy?
Éloïse Gratton July 23, 2015
I came across an article yesterday in which the Ottawa police is saying that filming women in public is not necessarily illegal. While it may be true that nothing prohibits filming or taking someone’s picture in public, in some jurisdictions, it may be illegal to publish / post the picture or movie online without that person’s prior […] Read more
News
Legal to charge 500$ for copy of medical file
Éloïse Gratton July 21, 2015
When managing access rights, organisations should take note that while the access right has to be provided for free, it is possible for an organisation to charge a reasonable amount for a copy (photocopy) of the documents requested. What is considered a “reasonable amount”? A local paper reported yesterday a recent case (June 2015) in which the […] Read more
News
Privacy class action update: appeal allowed in Condon v. Canada
Éloïse Gratton July 13, 2015
I recently summarized the state of recent privacy class actions in Canada: the cases that are either pending or which were recently authorized. There has recently been an update in the Condon v. Canada case, which pertains to an action taken following the announcement in late 2012 that Human Resources and Skills Development Canada had lost an […] Read more
Legal News
Top five mistakes when drafting website privacy policies
Éloïse Gratton July 6, 2015
Many organizations remain very broad in their website privacy policies on the use made of the information collected. Recent bill S-4, the Digital Privacy Act, the federal government’s latest attempt to reform PIPEDA was proclaimed last month and proposes a revised “valid consent” provision (PIPEDA, s. 6.1), by shifting from a subjective standard to a more objective standard. To […] Read more
News
Fitbit data used to self-incriminate its user
Éloïse Gratton June 29, 2015
I posted a blog a few months ago about Health-tracking bracelets and privacy issues and raised the fact that health information collected by these self-tracking devices may be used as evidence in a litigation. Kashmir Hill published a piece today entitled “Fitbit data just undermined a woman’s rape claim“. Apparently, according to ABC 27, a woman handed the username and […] Read more
News
Porter Airlines agrees to pay $150,000 for alleged violations of CASL
Éloïse Gratton June 29, 2015
The Canadian Radio-television and Telecommunications Commission (CRTC) today announced that airline company Porter Airlines Inc. agreed to pay $150,000 as part of an undertaking for alleged violations of Canada’s anti-spam legislation (CASL). It is reported that once made aware of the investigation by the CRTC, the airline company was cooperative and immediately took corrective actions to comply […] Read more
News
Douez Privacy class action: B.C. law does not apply to Facebook
Éloïse Gratton June 19, 2015
Douez launched a class-action lawsuit in Vancouver against Facebook for breach of privacy over their “Sponsored Stories” program which is now defunct. She was arguing that the program manipulated users for commercial gain and that it was violating Facebook users’ privacy by using their photos in commercial ads without their prior consent. In a decision issued today, the B.C. […] Read more
Legal News
The Digital Privacy Act ( Bill S-4) was proclaimed today
Éloïse Gratton June 18, 2015
Bill S-4, the Digital Privacy Act, the federal government’s latest attempt to reform PIPEDA was proclaimed earlier today. I had testified on S-4 back in March, so for my thoughts on this Bill, please click here. You will find a summary of the Bill below: New breach notification requirement Notification and reporting was voluntarily effected based on […] Read more
Legal News
Online Access to Court Decisions and Privacy Implications
Éloïse Gratton June 16, 2015
The Office of the Privacy Commissioner recently issued a finding pertaining to Romania-based website Globe24h.com which is republishing Canadian court decisions, allowing them to be indexed by search engines, and demanding a fee for them to be removed. This website received a great deal of media attention in the last year. Apparently, 27 complaints were filed […] Read more