Nova Scotia “Implicitly” Recognizes Intrusion Upon Seclusion, Provides...
In the recent case of Hemeon v. South West Nova District Health Authority 2015 NSSC 287 (“Hemeon”), the Nova Scotia Supreme Court did two things: (1) arguably recognized the tort of “intrusion upon...
View ArticleThe Privacy Commissioner of Canada Comments on Proposed UAV Regulation
The Office of the Privacy Commissioner of Canada (OPC) released its comments on the notice of proposed amendment (NPA) to the Civil Aviation Regulations published by Transport Canada in the CARAC...
View ArticleAnnoying Ain’t Enough: Moral Damages in the Context of Security or Data Breaches
In early 2013, an employee of the Investment Industry Regulatory Organization of Canada, the national self-regulatory organization which oversees all investment dealers and trading activity on debt and...
View ArticleBack on Target? Quebec Class Action in Target Data Breach Not Dead Yet
On March 23, 2015, the Superior Court of Québec (per Justice Pinsonnault) granted a motion by Defendant Target Corp. to dismiss a proposed class action related to the 2013 data breach. Justice...
View ArticleThe Internet of Things: Guidance, Regulation and the Canadian Approach
The Internet of Things (IoT) has been identified as a disruptive technology, bringing with it both the promise of seamless interconnectivity of devices and, the flip side of that interconnectivity,...
View ArticleBig News for Big Data – European Data Protection Supervisor Releases Opinion...
On November 19, 2015, the European Data Protection Supervisor (“EDPS”) published an Opinion entitled Meeting the Challenges of Big Data: A Call for Transparency, User Control, Data Protection by Design...
View ArticleHackable Barbies, malicious POODLEs: PIPEDA compliance and the Internet of...
She stands just under a foot tall, has a résumé that includes such storied accomplishments as astronaut, registered nurse, and Presidential candidate. Whether cropped or worn shoulder-length, her...
View ArticleFrom Government Surveillance to Federal Data Breaches: Privacy Commissioner...
On December 10, 2015, the Annual Report of the Office of the Privacy Commissioner (“OPC”) on the Privacy Act for 2014-2015 was tabled in Parliament. The Annual Report provides details on privacy...
View ArticlePhone Companies after R v. Rogers: Constitutional Guardians or Agents of the...
People love their phones. Phones now accompany us pretty much wherever we go, whatever we do. People use their phones in church, in restaurants, at the theatre, and, apparently, while committing...
View ArticleHello My Name Is [Redacted]: Employee Privacy Trumps Employer Requirement for...
What’s in a name? That which we call employee personal information, perhaps. Prairie Montagues and Capulets can carry out their work with the public on a first-name-only basis, according to a recent...
View ArticleEU-US Privacy Shield: Agreement in Principle on Framework To Replace Safe...
Regular readers of this blog will be aware that, last fall, the Court of Justice of the European Union struck down the Safe Harbour framework which permitted the lawful transfer of personal information...
View ArticleNew Privacy Tort in Ontario: What Could it Mean For Business?
In the recent case of Doe 464533 v. N.D., 2016 ONSC 541 (per Justice D.G. Stinson), the Ontario Superior Court of Justice recognized a new privacy tort, called “public disclosure of embarrassing...
View ArticleInsights from the I Spy conference on Big Data and Privacy
On Friday February 5, 2016, we attended the I Spy: Opportunities and Challenges Surrounding Privacy and Big Data conference organized by the Osgoode JD/MBA Students’ Association. Speakers from...
View ArticleMulti-use Personal ID Cards: Does Convenience Trump Privacy?
On January 11, 2016, Manitoba announced its approval of an all-in-one personal identification card (PIC). The PIC will offer Manitobans a combined driver’s licence, photo ID, Personal Health...
View ArticleNew PIPEDA Data Breach Regulations Proposed
On March 9, 2016 the Department of Innovation, Science and Economic Development Canada released a discussion paper on the new data breach regulations being proposed. The Ministry is accepting public...
View ArticleBC Privacy Office Says Free Legal Advice Doesn’t Trigger Client ID Requirements
A recent Mediation Settlement from the BC Privacy Commissioner has raised an issue of particular interest to law firms, and other organizations which must meet “Know Your Client” requirements. The item...
View ArticlePrivacy Commissioner Targets IoT Health Devices in Sweep
What rumours is your fitness tracker spreading about you? In its latest Internet of Things themed sweep, the Office of the Privacy Commissioner of Canada reviews what personal information is being...
View ArticleEU’ve Got Mail: European Commission Seeks Input on Electronic Communications...
Technological advances and the advent of the EU General Data Protection Regulation (“GDPR”) prompted the European Commission (“Commission”) to update the EU’s Privacy and Electronic Communications...
View ArticleRegulators In Canada and the U.S. Signal Increasing Interest in the Internet...
The ‘Internet of Things’ (or IoT, which we have written about before) is generating fresh interest among legislators and regulatory authorities on both sides of the border. Recent initiatives in both...
View ArticleBC Privacy Commissioner Elizabeth Denham Confirmed as New UK Information...
Canadian Elizabeth Denham’s appointment as Information Commissioner for the United Kingdom was confirmed on April 27, 2016 by the UK House of Commons Culture, Media and Sport Select Committee. The role...
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