Category: Privacy

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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…

Warrant Required to Produce Internet Usage Information to Police: Supreme Court

June 16, 2014

  In a landmark privacy decision, R. v. Spencer, the Supreme Court of Canada has ruled that individuals have a reasonable expectation of privacy in Internet usage information, and that law enforcement authorities who wish to obtain subscriber information from Internet service providers (ISPs) must, in most circumstances, do so pursuant to a warrant.   The court rejected the argument that…

B.C.’s Privacy Act Trumps Jurisdiction Selection Clause

June 12, 2014

  In Douez v. Facebook Inc., the Supreme Court of British Columbia recently certified a class proceeding against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act involving unauthorized commercial use of users’ names and likenesses. In doing so, the court exercised its jurisdiction over the claim despite the fact that Facebook’s standard terms of use contain a forum selection clause…

Ontario Court Allows Privacy Class Action to Proceed

February 7, 2014

  A recent decision of the Ontario Superior Court of Justice has addressed the scope of the tort of “intrusion upon seclusion” first recognized by the Ontario Court of Appeal in Jones v. Tsige in 2012. In Hopkins v. Kay, a proposed class action involving unauthorized access to health records by hospital employees, the Superior Court declined to dismiss the class proceeding as…

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