- Apr 15, 2019
The Equifax decision and related compliance agreement between the OPC and Equifax Canada that that sets out detailed timelines for various corrective measures to be put in place by Equifax Canada regarding consent, safeguards and accountability in addition to six years of third party audits, offers a treasure trove of practical lessons for organizations looking to comply with the Personal Information Protection and Electronic Documents Act (as well as some surprises).
- 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.
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.
- 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.
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.
- 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.
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.
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.
Sep 4, 2018
Privacy Commissioner Daniel Therrien is hamstrung by weak enforcement powers
- 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.
May 22, 2018
As police methods continue to evolve, so, too, have the top criminal boutiques.
May 1, 2018
Civil liberties groups are defending a Nova Scotia teen who has been charged with unauthorized use of a computer.
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.
- 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.
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.
- 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.
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.
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.
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.
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.