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Tim Banks

Tim Banks

Dentons


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Spam Smart Tip: Who’s Your Family?

Sometimes legislative or regulatory definitions create ambiguity rather than clarity. The definition of “family relationship” in the draft Industry Canada regulations regarding Canada’s Anti-Spam Legislation (CASL) is a case...more

5/13/2013 - Anti-Spam Legislation CAN-SPAM Act Canada Spam

International Internet Privacy Sweep

The Office of the Privacy Commissioner of Canada (OPC) has announced that the Federal Trade Commission, the UK Information Commissioner’s Office, the OPC and the Office of the Information and Privacy Commissioner for British...more

5/7/2013 - Canada EU Internet Privacy Internet Privacy Protection Acts

Spam Smart Tip: Understand The Meaning Of “Commercial Character”

Canada’s Anti-Spam Legislation (CASL) restricts the ability of organizations to send commercial electronic messages without the consent of the recipient....more

5/6/2013 - Canada Consent Electronic Communications

Why Do I Have To Agree To Your Privacy Notice? And Other Curiosities

There are a number of curious features to the Privacy Notice splash page for Canada’s new online tool for making access to information (ATIP) requests....more

5/2/2013 - Canada Confidentiality Consent Privacy Policy Transparency

The Power Of “Why” In The Exercise Of Discretion To Disclose

Asking “why” is a powerful deterrent to over collection and, as a recent Alberta case demonstrates, can be a powerful check on “over disclosure”....more

5/1/2013 - Accident Reports Disclosure Requirements FOIA Police

Spam Smart Tip: Transition Period Balm For The Compliance Sting

Transition periods for new legislation are often critical in taking the sting out of compliance costs. But some transition periods are better than others. In the case of Canada’s Anti-Spam Legislation (CASL), organizations...more

4/26/2013 - Anti-Spam Legislation Canada Compliance Established Business Relationship

Context, Content And Privacy In Warrantless Searches Of Cell Phone And Cameras

Context and content matters to the assessment of reasonable expectations of privacy in criminal law matters. Recently, in R. v. B. (C.), 2013 CarswellOnt 3851 (SCJ), P. Smith J. considered the constitutionality of a...more

4/25/2013 - Cameras Cell Phones Fourth Amendment Search & Seizure Warrantless Searches

Homework For The Privacy Commissioner Of Canada: Guidelines To Follow

The House of Commons Standing Committee on Access to Information, Privacy and Ethics tabled its Report, entitled “Privacy and Social Media in the Age of Big Data” on April 23, 2013....more

4/24/2013 - Canada COPPA Data Collection Data Protection Proposed Legislation Social Media

Heard Of The Internet Of Things? FTC To Conduct A Workshop

Have you heard about the Internet of things? If it is industry’s great opportunity, it might be the Privacy Officer’s brainteaser over the next few years....more

4/24/2013 - Data Protection FTC Internet Mobile Devices

Enough With The Unencrypted Portable Devices Says The Ontario IPC

The #1 item on my “tough love list” for New Year’s 2013 was “Enough of the Unencrypted USB Keys“. You won’t have been alone if you didn’t tackle that in the first quarter of 2013. ...more

4/23/2013 - Canada Data Breach Encryption Portability

Keeping Your Canadian Do Not Call Compliance Fresh

The Canadian Radio-television and Telecommunications Commission (CRTC) has announced three recent settlements demonstrating that organizations would do well to ensure they are complying with Canada’s telemarketing rules....more

4/5/2013 - Canada Do Not Call List Robocalling Settlement Telemarketing

Gatekeepers And Online Defamation

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist....more

4/4/2013 - Blogs Canada Damages Defamation EU Internet

BYOD & The Board Of Directors — Part One: A Risk To Reckon With?

The information security concerns relating to employees using their own devices for work (such as smart phones, netbooks and laptops) are a hot topic. Although “bring your own device” or BYOD is here to stay, the practice of...more

3/25/2013 - Board of Directors Bring Your Own Device Canada Data Protection Data Retention Fiduciary Duty Information Governance

Cloud Computing: Plan For Storms

Originally Published in Canadian Corporate Counsel Association Magazine - Winter 2012. The Promise and the Challenge. Organizations are able to leverage reliable internet connectivity to access quickly scalable...more

3/20/2013 - Canada Cloud Computing Data Protection Data Retention European Commission

A Personal Email Records Management And Privacy Problem

The use of personal email for business is a significant problem for records retention and privacy programs. On March 18, 2013, the British Columbia Information and Privacy Commissioner (OIPBC) announced an...more

3/19/2013 - Canada Data Protection Data Retention Email FIPPA PIPA

Legal Aid Society of Alberta Subject to Privacy Legislation

An adjudicator of the Office of the Information and Privacy Commissioner of Alberta (OIPC) has concluded that the Personal Information Protection Act (Alberta) (PIPA) applies to the Legal Aid Society of Alberta. The decision...more

2/27/2013 - Legal Aid Society OIPC Personally Identifiable Information PIPA

Cautionary Tale For The Helpful Employee

On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a report of findings in connection with a complaint that an employee at a mobile phone company improperly altered a phone contract of a...more

2/26/2013 - Cell Phones OPC Personally Identifiable Information PIPEDA

General, Overbroad “Agreement” Does Not Permit Reference Check On Disabled Child

On February 22, 2013, the Office of the Privacy Commissioner of Canada (OPC) released a summary of findings in two cases arising out of inappropriate sharing of information between two summer camps about a child following an...more

2/26/2013 - Consent Data Collection Disabled Children OPC Personally Identifiable Information PIPEDA Privacy Policy Reference Checks Summer Camp Application

A Gatekeeper Approach To Mobile App Regulation Is Developing In The United States

The Federal Trade Commission (FTC) released a Staff Report on February 1, 2013, entitled “Mobile Privacy Disclosures: Building Trust Through Transparency.” The FTC Staff Report follows on the heels of earlier recommendations...more

2/5/2013 - App Developers App Platform Providers FTC Mobile Apps Mobile Ecosystems Mobile Privacy Disclosures Privacy on the Go Transparency

Enough Already: Encrypt Those Portable Devices

The U.S. Federal Trade Commission (FTC) announced on Data Privacy Day (January 28) that it had reached a settlement with a cord blood bank in respect of the loss of nearly 300,000 customers’ personal information. The lost...more

1/30/2013 - CBR Systems Data Breach Data Protection Encryption FTC Mobile Devices Personally Identifiable Information

Federal Court: No Judicial Review Of Privacy Commissioner Decision

In Kniss v. The Privacy Commissioner of Canada, the Federal Court concluded that an investigative decision by the Office of the Privacy Commissioner of Canada (OPC) should not be the subject of judicial review because the...more

1/30/2013 - Judicial Review OPC PIPEDA

CRTC Invites Canadians To Comment On Wireless Code

On Data Privacy Day (January 28), the Canadian Radio-television and Telecommunications Commission (CRTC) amended its notice regarding a mandatory code for wireless services and invited Canadians to comment on the proposed...more

1/30/2013 - CRTC Data Protection Wireless Technology

Retention Of Address Book Information In Hashed Form Still Criticized By Canada And Netherlands

The Office of the Privacy Commissioner of Canada (OPC) announced the results of an investigation into a mobile messaging platform that allows users to send and receive instant messages over the Internet. The OPC coordinated...more

1/29/2013 - Address Book Enforcement Mobile Apps Mobile Devices OPC Privacy Policy Texting

Status Updates – Real Time Notice Recommended By Privacy Commissioner

As I mentioned in an earlier post, the Office of the Privacy Commissioner of Canada (OPC) and the Dutch Data Protection Authority (DPA) announced the results of their coordinated investigation into a mobile messaging platform...more

1/29/2013 - Internet Mobile Devices OPC Privacy Policy Texting

UK Cookie Enforcement Report: Relevant to Canada

On December 18, 2012, the UK Information Commissioners’ Office (ICO) issued an enforcement report on compliance with the rules regarding obtaining consent to the use of cookies and similar technologies....more

1/22/2013 - Anti-Spam Legislation Behavioral Advertising CAN-SPAM Act Compliance Cookie Banners Cookies Data Protection Electronic Communications Enforcement EU ICO OPC

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