privacy law

  • United States Federal Trade Commission strikes one for children’s privacy

    Mar 11, 2019

    On Feb. 27, the U.S. Federal Trade Commission announced that operators of the video networking app Musical.ly (now known as TikTok), had agreed to pay US$5.7 million to settle allegations that they had illegally collected personal information from children in violation of the Children’s Online Privacy Act. The order marks the highest civil penalty ever obtained by the FTC in a children’s privacy case.

  • Right to privacy not an all-or-nothing concept, says SCC in voyeurism case

    Right to privacy not an all-or-nothing concept, says SCC in voyeurism case

    Feb 14, 2019

    Videos of female students that a high school teacher surreptitiously recorded breached those students’ reasonable expectation of privacy, and the act constitutes criminal voyeurism, the Supreme Court of Canada ruled today. The decision, penned by the chief justice of the court, also established considerations for circumstances that give rise to a reasonable expectation of privacy.

  • Dude, where’s my data? The OPC’s privacy guidance to cannabis retailers and purchasers

    Jan 14, 2019

    With much fanfare, recreational cannabis became legal in Canada on October 17, 2018. On December 17, 2018, the Office of the Privacy Commissioner of Canada published preliminary guidance for cannabis retailers and customers regarding the protection of personal information collected during such transactions, including online transactions.

  • Reasonable expectation of privacy exists in shared electronic devices: SCC

    Reasonable expectation of privacy exists in shared electronic devices: SCC

    Dec 13, 2018

    In an important case for expectations of privacy in personal data, the Supreme Court of Canada has allowed the appeal of an Ontario man whose shared computer was seized and searched without his consent.

  • Ethics by design: Canada adopts AI ethics and data protection declaration

    Dec 10, 2018

    Canada has added its voice to the global chorus of data protection and privacy commissioners calling for fairness, transparency and privacy by design as 'core values' in the development of artificial intelligence by co-sponsoring the Declaration on Ethics and Data Protection in Artificial Intelligence.

  • OPC understaffed as mandatory data breach reporting comes into effect

    OPC understaffed as mandatory data breach reporting comes into effect

    Nov 1, 2018

    ​Amendments to the Personal Information Protection and Electronic Documents Act, which require mandatory reporting of unauthorized disclosure of personal information by private sector organizations, come into effect today, but federal Privacy Commissioner Daniel Therrien says his office was not given additional resources to handle the data-breach reporting.

  • Credit card purchases for cannabis may not be private

    Credit card purchases for cannabis may not be private

    Oct 24, 2018

    Federal legislation makes it legal for Canadians to enjoy cannabis in the privacy of their homes. That legislation, however, does not necessarily offer privacy protection for cannabis purchasers. Legal experts have raised concerns that credit card data may not be stored in this country and may be accessible to prying eyes in other countries.

  • Canada's privacy deficit

    Canada's privacy deficit

    Sep 4, 2018

    Privacy Commissioner Daniel Therrien is hamstrung by weak enforcement powers

  • No fly zone- new PIPEDA guidance on inappropriate data practices

    Jun 18, 2018

    On May 24, Canada’s federal privacy regulator, the Office of the Privacy Commissioner, released a critical interpretation document intended to guide how companies subject to the federal private sector privacy act, the Personal Information Protection and Electronic Documents Act, will be allowed to collect, use and disclose personal information, as viewed from the perspective of the reasonable person.

  • Protection against the state: Top 10 Criminal Law Boutiques

    Protection against the state: Top 10 Criminal Law Boutiques

    May 22, 2018

    As police methods continue to evolve, so, too, have the top criminal boutiques.

  • Charging teen is an abuse of power in Nova Scotia privacy breach, say civil liberties groups

    Charging teen is an abuse of power in Nova Scotia privacy breach, say civil liberties groups

    May 1, 2018

    Civil liberties groups are defending a Nova Scotia teen who has been charged with unauthorized use of a computer.

  • Federal government looks to overhaul parts of CASL

    Federal government looks to overhaul parts of CASL

    Apr 25, 2018

    Four years after Canada's Anti-Spam Legislation was enacted, the Ministry of Innovation, Science and Economic Development has pledged to change it, in response to a parliamentary committee, which pointed to glaring flaws that were creating confusion for those trying to comply with the law.

  • Dark Cloud

    Apr 16, 2018

    You could well be excused for not noticing the recent passage of the U.S. Clarifying Lawful Overseas Use of Data Act on March 23, 2018. Better known by its catchy acronym, the Cloud Act, the law was tacked on to the 2,232-page, US$1.3-trillion omnibus budget bill one day ahead of its vote and was signed into law by President Donald Trump without the benefit of the usual congressional scrutiny, hearings or significant public debate.

  • Right to be forgotten and online information removal under debate

    Right to be forgotten and online information removal under debate

    Apr 5, 2018

    The Privacy Commissioner of Canada says he continues to support the idea that Canadians could pursue the removal of online information about themselves in some circumstances, even though some lawyers have pointed out hurdles may exist in Canadian law.

  • The kids are all right

    Mar 26, 2018

    As I thought about this edition of Sidebars, I became worried about all of the disturbing topics to choose from. The world seems so precarious, the future so worrying.

  • Proposed changes to Canadian privacy laws influenced by changes coming from EU

    Proposed changes to Canadian privacy laws influenced by changes coming from EU

    Mar 6, 2018

    Recommendations from a Parliamentary committee to strengthen the Personal Information Protection and Electronic Documents Act and give more power to the federal privacy commissioner are likely being driven by privacy requirements coming into effect in Europe.

  • SCC rulings weigh in on privacy of text messages

    SCC rulings weigh in on privacy of text messages

    Dec 11, 2017

    Two Supreme Court of Canada rulings last week focused on expectations of privacy in text messages.In one case, a production order used to gather text messages that served as evidence against an accused man stood, but in another case, R. v. Nour Marakah, the SCC ruled the text messages had been improperly seized.

  • Privacy concerns do not justify restricting real estate data, says Federal Court of Appeal

    Privacy concerns do not justify restricting real estate data, says Federal Court of Appeal

    Dec 4, 2017

    An appeal by the Toronto Real Estate Board has been dismissed by the Federal Court of Appeal, the latest in an ongoing legal battle that’s attracted the notice of the competition bar.

  • Ontario small claims court awards $4,000 in privacy case involving promotional video

    Ontario small claims court awards $4,000 in privacy case involving promotional video

    Nov 29, 2017

    A damages award of $4,100 handed down for a short appearance in a promotional video seems out of line with what’s historically been awarded for “light privacy invasions” in Canada, according to one privacy lawyer.

  • The new surveillance state

    The new surveillance state

    Oct 2, 2017

    Police can capture an astronomical amount of information through new technologies, and privacy lawyers say there is little oversight or accountability.