Category: Privacy

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Federal Court of Appeal Expands Scope of Privacy Class Action

July 16, 2015

  The Federal Court of Appeal recently allowed an appeal expanding the scope of a certified privacy class action relating to the loss of personal data of Canada Student Loans recipients. The case, Condon v. Canada(Condon), had previously been certified as a class action, but only with respect to claims based in breach of contract and intrusion upon seclusion (see…

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

July 9, 2015

  The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names and likenesses. The lower court had exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

Digital Privacy Act Receives Royal Assent, but Breach Notification Provisions Lag Behind

June 19, 2015

  After lengthy debates, Bill S-4, the Digital Privacy Act​ finally received royal assent on June 18, 2015, and is now law. The federal government introduced Bill S-4 on April 8, 2014, which marked the government’s third attempt since 2010 to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA). But despite the passing of this bill, the mandatory…

Protection of Confidential Commercial Information Affirmed in Freedom of Information Decision

April 22, 2015

  On February 19, 2015, the Supreme Court of Canada (SCC) denied leave to appeal from the judgment of the Alberta Court of Appeal (Court) in Imperial Oil Limited v. Alberta (Information and Privacy Commissioner). This case addressed important principles of law with respect to the interpretation and application of Alberta’sFreedom of Information and Protection of Privacy Act (FOIP Act)…

New Challenges for Old Laws: B.C. Court Considers Employee Misuse of Social Media

January 29, 2015

The Supreme Court of British Columbia’s ruling in Kim v. International Triathlon Union (International Triathlon Union) is the first reported court decision to consider termination of a non-union employee for postings made on a social media platform. By contrast, labour arbitration decisions addressing the discharge of unionized employees for misuse of social media have become common over the past several…

Bill C-13: Cyberbullying Bill Introduces New Lawful Access Measures

January 23, 2015

  On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act, also known as the Protecting Canadians from Online Crime Act (Act), received royal assent. The Act, sometimes colloquially referred to as Canada’s cyberbullying law, was originally introduced in the House…

Bill 3 Amendments to Alberta’s Privacy Legislation Now in Force

January 9, 2015

  Amendments to Alberta’s Personal Information Protection Act (PIPA), originating in Bill 3, came into force on December 17, 2014. As discussed in our November 2014 Blakes Bulletin: Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA, these amendments are the Alberta government’s response to the 2013 decision of the Supreme Court of Canada in Alberta (Information and Privacy Commissioner)…

Privacy Exceptions for Picketing: Alberta’s Proposed Changes to PIPA

November 24, 2014

  The Alberta government moved forward last week with amendments to the Personal Information Protection Act(PIPA). The proposed amendments seek to respond to constitutional deficiencies in the legislation identified in the November 15, 2013 ruling of the Supreme Court of Canada (SCC) in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. For more information see…

Shoppers Surprisingly Willing To Give Up Privacy For Deals

October 3, 2014

Retailers are in a hurry to beam messages to shoppers in stores using new technology. There has been some debate as to whether shoppers will welcome this messaging or simply find it creepy. Now there’s new research to indicate it’s the former. Close to half of all smartphone owners are open to receiving location-based messages, if it means receiving more…

As Coming into Force Looms, CRTC Publishes Anti-Spam Corporate Compliance Guidance

June 20, 2014

With less than two weeks to go before the coming into force date for the main provisions of Canada’s Anti-Spam Legislation (CASL), the Canadian Radio-television and Telecommunications Commission (CRTC) published a number of infographics and a Compliance and Enforcement Information Bulletin CRTC 2014-326: Guidelines to help businesses develop corporate compliance programs (Compliance Bulletin).     BRIEF BACKGROUND   Designed as one of…

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