Category: Cybersecurity

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Viewpoint: Preserving Privilege over Communications in the Aftermath of a Data Breach

November 1, 2016

While there are no guarantees as to which communications will ultimately be protected by privilege, a company can increase its odds of creating a sphere of privilege-protected communications in the aftermath of a data breach by giving consideration to such issues in structuring its internal investigations. Below we highlight lessons learned from the decision of the United States District Court…

Cybersecurity Data Breaches and Mandatory Privacy Breach Reporting: Lessons from Alberta

October 19, 2016

In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the most benign circumstances. Although many corporations have developed sophisticated privacy and cybersecurity protocols to minimize these risks, data breaches have become a feature of 21st century…

Cybersecurity Q&A: What Canadian Companies Need to Know about the EU’s New Data Protection Law

October 12, 2016

A consequence of the unconstrained international flow of information is that domestic data protection laws increasingly have implications abroad. The recent overhaul in the European Union’s data protection laws is a prime example of this, which will have implications for Canadian organizations of all sizes and types.

Data Breach Litigation: Lessons Learned from U.S. and Canadian Actions

October 5, 2016

The number and frequency of data breaches continues to rise. Many data breaches have resulted in court actions both in Canada and the U.S. Guest speaker Doug Meal of Ropes & Gray LLP has been counsel on many of the most high-profile U.S. data breach actions. He has handled claims stemming from data security breaches suffered by Target, Neiman Marcus,…

Big Data, Big Risk? Privacy and Security Tips for Fintech Companies

September 20, 2016

Many fintech companies collect and process vast amounts of data in order to provide financial services quickly and inexpensively. Much of this data is highly sensitive personal information such as date of birth, social insurance number, bank account details, online banking credentials and credit score. The sheer volume of the information increases its sensitivity because over time a fintech company…

One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open

March 16, 2016

On March 4, 2016, Innovation, Science and Economic Development Canada (Ministry) published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA). Parties interested in participating in this consultation must provide comments in writing by May 31, 2016. BACKGROUND In…

Legal Trends 2016: Cybersecurity

February 24, 2016

ONE | RISE IN PRIVACY CLASS-ACTION CERTIFICATIONS New privacy torts have recently emerged in certain Canadian jurisdictions, including intrusion upon seclusion and publicity given to private life. Intrusion upon seclusion allows a plaintiff to sue if (1) a person has intentionally or recklessly invaded his/her private affairs without justification and (2) a reasonable person would view the invasion as highly…

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