Category: Privacy

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What to Expect Come November 2018: Privacy Commissioner’s Final Guidelines on Mandatory Breach Reporting under PIPEDA

October 30, 2018

On October 29, 2018, the Office of the Privacy Commissioner of Canada (OPC) published the final guidance intended to assist organizations in complying with the mandatory breach reporting and record-keeping requirements under the Personal Information Protection and Electronic Documents Act (PIPEDA), which come into effect on November 1, 2018. As of November 1, organizations subject to PIPEDA will be required to notify…

Privacy Commissioner Publishes Draft Guidelines for Mandatory Breach Reporting under PIPEDA

September 19, 2018

On September 17, 2018, the Office of the Privacy Commissioner of Canada (OPC) published draft guidelines on mandatory breach reporting under the Personal Information Protection and Electronic Documents Act (PIPEDA). The guidelines are intended to assist organizations in meeting their breach reporting and record-keeping obligations under PIPEDA’s mandatory breach reporting regime, which comes into force on November 1, 2018. Organizations…

Does the Public Have the Right to Know Who the Top Billing Doctors Are?

August 10, 2018

The public has a right to know the names of Ontario’s top billing doctors, the Ontario Court of Appeal (Court) ruled on August 3, 2018 in Ontario Medical Association v. Ontario (Information and Privacy Commissioner). The Court upheld the Information and Privacy Commissioner’s (IPC) decision to release the names of top billing doctors, finding that a person’s gross business or…

What the GDPR Means for Canadian Businesses

May 15, 2018

On May 25, 2018, the European Union’s General Data Protection Regulation (GDPR) will come into force. Though not a Canadian law, the GDPR will apply to Canadian businesses that offer goods or services to, or monitor the behaviour of, EU residents. Canadian businesses that process personal information on behalf of organizations located in the EU will also be impacted.  The…

Federal Data Breach Reporting Regulations Published – Take Effect November 2018

April 18, 2018

The final Breach of Security Safeguards Regulations (Regulations) under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) were made on March 26, 2018, and published on April 18, 2018. The Regulations set out prescribed requirements for mandatory breach reporting, which will come into force on November 1, 2018. BACKGROUND In 2015, amendments to PIPEDA (in the Digital Privacy…

Canada’s Privacy Commissioner Recommends European-Style “Right to be Forgotten”

February 8, 2018

Recently, the Office of the Privacy Commissioner of Canada (OPC) released an important draft Position on Online Reputation (paper). The paper takes the position that current federal privacy legislation, the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA), entitles individuals to ask search engines to de-index web pages that contain inaccurate, incomplete or outdated information about…

Chicken Caught: Privacy Commissioner Confirms Video Surveillance Should Be Last Resort for Organizations

November 14, 2017

In the recently released Investigation Report P17-01, Use of employee surveillance by a BC chicken catching organization, the Office of the Information and Privacy Commissioner for British Columbia (OIPC) confirmed that organizations should only implement video surveillance in limited circumstances where other means of resolving an issue have been ineffective. BACKGROUND A chicken catching organization (Company) decided to introduce a…

IoT: Minimizing Your Privacy and Security Risks in an Interconnected World

October 12, 2017

Your printer. The water cooler. The thermostat. What do these things have in common? All of them can be connected to the Internet of Things (IoT). The IoT continued its meteoric rise in 2017 with a vast array of everyday devices joining networks around the world. Technology research company Gartner Inc. predicts there will be over 20 billion devices on…

Supreme Court of Canada Allows British Columbians to Pursue Privacy Class Action Against Facebook

June 29, 2017

On June 23, 2017, in Douez v. Facebook Inc. (Douez), the Supreme Court of Canada considered the enforceability of forum selection clauses involving consumers and privacy rights. The application judge had declined to enforce a forum selection clause and granted class certification in an action alleging breaches of B.C.’s Privacy Act for unauthorized use of individuals’ names and likenesses. The…

Happy Canada Day for Businesses: CASL’s Private Right of Action Suspended

June 7, 2017

Businesses obtain welcome relief from the imminent threat of private lawsuits under Canada’s Anti-Spam Legislation (CASL) as the private right of action, originally scheduled to come into force on July 1, 2017, has been suspended. It is unclear at this point if this right will be repealed entirely or if a new coming into force date will be set. Under…

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