Tim Banks

Tim Banks

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PIPEDA Amendments In-Force

Amendments to Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) are frequently proposed but just as frequently die on the order paper. Bill S-4, which proposed the most significant amendments to...more

6/22/2015 - Airlines Compliance Data Breach Data Protection Electronic Records Federal Employees Information Sharing Insurance Industry Offshore Drilling OPC Personally Identifiable Information PIPEDA Privacy Laws Proposed Amendments Railroads Telecommunications Trucking Industry

The Canadian Retail Report

Our Canadian Retail Report provides you with practical content to keep you current on developments that affect retailers in Canada. In this issue, Timothy M. Banks, the Canadian lead for our Privacy and Security practice,...more

6/4/2015 - Advertising AODA Behavioral Advertising Canada Data Protection Online Advertisements PIPEDA Privacy Laws Retailers

OPC’s New Priorities – Commissioner Therrien Provides an Overview

On May 28, 2015 Daniel Therrien, Canada’s Federal Privacy Commissioner, previewed the OPC’s priorities for attendees of the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium. These...more

5/29/2015 - Canada Data Protection OPC Privacy Laws Surveillance

Online Advertisers Take Notice – Recent Canadian Decisions

The Office of the Privacy Commissioner (OPC) has released two important decisions this year on online behavioural advertising (OBA or interest-based advertising) so far this year. On March 25, 2015, the OPC released its...more

4/23/2015 - Advertising Behavioral Advertising Canada Online Advertisements OPC

Canada’s Proposed Secure Air Travel Act

This is the second in a series of posts on Bill C-51, known as Canada’s Anti-terrorism Act, 2015. In my last post, I examined Part 1 of the Act, which would, if passed, enact the Security of Canada Information Sharing Act....more

2/10/2015 - Airlines Canada New Legislation Secure Air Travel Act

National Security: Removing Barriers to Intra-Governmental Sharing of Information

The House of Commons in Canada is back in session. The federal Conservative Government wasted no time in introducing sweeping anti-terrorism bill (Bill C-51, the Anti-terrorism Act, 2015). I canvassed the legislative and...more

2/2/2015 - Anti-Terrorism Act Canada Information Sharing National Security

CASL – New Guidance on the Installation of Computer Programs

The Canadian Radio-television Telecommunications Commission (CRTC) has released new guidance on the provisions of Canada’s Anti-Spam Legislation (CASL) dealing with the installation of computer programs. The installation of...more

11/11/2014 - Canada CASL CRTC

Europe Not Yet Satisfied with Adequacy of Québec’s Privacy Law

On June 4, 2014, the Article 29 Working Party (WP 29) issued a report to the European Commission (EC) regarding an application by the Province of Québec, Canada for status as a jurisdiction providing an adequate level of...more

9/16/2014 - Canada Data Protection Electronically Stored Information EU Personally Identifiable Information Privacy Laws

App-Laudable Disclosures: GPEN Releases Mobile App Privacy Results

Members of the Global Privacy Enforcement Network (GPEN) have released the results of its May 2014 privacy sweep. A common theme is the need for greater transparency regarding data collection and use prior to the downloading...more

9/12/2014 - Canada Data Collection GPEN Mobile Apps Privacy Laws Transparency

New Canadian Anti-Spam Compliance and Enforcement Guidelines

The Canadian Radio-television and Telecommunications Commission (CRTC) has issued new Compliance and Enforcement Guidelines for Canada’s Anti-Spam Legislation (CASL) which will come into force in stages beginning July 1,...more

6/23/2014 - Anti-Spam Legislation Canada CASL Compliance Enforcement

Supreme Court Issues New Interpretation Upsetting Established Protocol for Obtaining Internet Service Subscriber Information

On Friday, June 13, 2014, the Supreme Court of Canada issued a landmark decision (R v Spencer) upsetting a common interpretation of a provision of the Personal Information Protection and Electronic Documents Act (PIPEDA) that...more

6/16/2014 - Canada Data Protection Electronically Stored Information Internet Personally Identifiable Information PIPEDA SCC

5 Things Every Company's Data Security Program Should Include

What's the one thing every company's data security program must include? That's the question we put recently to experts in the field, knowing that, especially after Heartbleed, the diversity of responses would create an...more

4/24/2014 - Corporate Counsel Cybersecurity Cybersecurity Framework Data Breach Data Protection Heartbleed Legal Perspectives Need to Know

Canada’s Digital Privacy Rethink: Fines, Enforceable Compliance Agreements And More!

On April 8, 2014, Canada’s government introduced Bill S-4, the Digital Privacy Act, in the Senate. Bill S-4 is the federal government’s latest attempt to reform the federal Personal Information Protection and Electronic...more

4/9/2014 - Canada Data Breach Data Protection Digital Media Disclosure PIPEDA

Digital Privacy Act To Reform Canadian Privacy Laws

On Friday, April 4, 2014, the Hon. James Moore, Canadian Minister of Industry, announced the launch of “Digital Canada 150.” As part of the Digital Canada 150, the Government of Canada intends to introduce a Digital...more

4/7/2014 - Canada Data Protection PIPEDA Privacy Laws

Shortened Grace Period For Canadian Telemarketers

On March 31, 2014, the Canadian Radio-television and Telecommunications Commission issued a new Compliance and Regulatory Policy Notice (CRTC 2014-155). Among other things, the CRTC has shortened the period of time for...more

4/1/2014 - Canada CRTC Do Not Call List Telemarketing

Closing The Gap Between Privacy Policies And The Use Of Portable Storage Devices

The Office of the Privacy Commissioner of Canada has released its Report of Findings from a year-long investigation into a significant incident involving the loss of personal data at the former Ministry of Human Resources and...more

3/27/2014 - Canada Data Protection Electronically Stored Information Privacy Policy

Allowing Ontario’s Privacy Tort To Develop In The Health Information Sphere — For Now

In the 1980’s the Supreme Court of Canada pre-emptively ended the development of a common law tort of discrimination. The case, Seneca College v. Bhadauria, stands out as one of the lost opportunities in the development of...more

3/3/2014

3 Bitcoin Lessons for Designing a Private and Secure Payment System

Although reasonable people may disagree about whether Bitcoin is that ideal payment system, Bitcoin is worth studying for its privacy and security lessons and its potential to emerge as an important additional payment system....more

1/30/2014 - Bitcoins Cybersecurity Law Matters Legal Perspectives Virtual Currency

OPC Calls For Greater Oversight Of Canadian Intelligence Community

On January 28, 2014, the Office of the Privacy Commissioner of Canada (OPC) tabled a special report to Parliament on privacy oversight for Canada’s intelligence-gathering agencies. Titled “Canadian Checks and Controls:...more

1/29/2014 - Canada OPC Privacy Laws Surveillance

UK Court Confirms Privacy Tort And Addresses Meaning Of Personal Information

On January 16, 2014, the English High Court of Justice issued reasons in Vidal-Hall v. Google Inc. relating to an appeal of a Master’s decision to allow Google to be served outside of the jurisdiction in relation to claims...more

1/16/2014 - Apple Google Internet Right to Privacy UK Web Tracking

Is Using Health Information For Interest-Based Advertising Really Off-Limits?

As was widely reported, on January 15, 2013, the Office of the Privacy Commissioner of Canada (OPC) issued a Report of Findings regarding interest-based advertising or online behavioural advertising through Google’s AdSense...more

1/16/2014 - Advertising Canada EHR Google OPC Privacy Laws

BYOD – It Can Be Privacy And Security Protective

On December 11, 2013, Ontario’s Information and Privacy Commissioner, Dr. Ann Cavoukian, and TELUS released a new whitepaper applying the principles of Privacy by Design to employee owned devices in the workplace. The...more

12/18/2013 - Bring Your Own Device Canada Compliance Employer Liability Issues

Major Tech Companies Call For Greater Digital Due Process In Government Surveillance

AOL, Apple, Facebook, Google, LinkedIn, Microsoft, Twitter and Yahoo have issued an open letter to Washington calling on politicians to reform government surveillance worldwide....more

12/9/2013 - Due Process Internet Surveillance Technology

Intimate Images & Cyberbullying – Assessing The Canadian Response

Earlier this week, the Canadian government introduced Bill C-13, Protecting Canadians from Online Crime Act. The proposed legislation covers a lot of ground, including the introduction of a suite of new investigation powers...more

11/22/2013 - Canada Criminal Prosecution Cyberbullying Revenge Porn

Privacy At Too High A Price Supreme Court Of Canada Rules

The Supreme Court of Canada has just released the much anticipated decision in Information and Privacy Commissioner, et al. v. United Food and Commercial Workers, Local 401. The case is also known as the Palace Casino case....more

11/18/2013 - Canada PIPA Privacy Laws SCC

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