Tim Banks

Tim Banks

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Gift card litigation: Recent developments

Many retailers and shopping centre landlords use gift cards to build brand loyalty. These prepaid purchase cards come in a variety of types. They can be reloadable or not. They may be “open-loop” stored-value cards that can...more

6/20/2016 - BPCPA Canada Financial Institutions Gift-Cards Prepaid Payment Products Retailers

Update on Canadian Data Breach Regulations

Innovations, Science and Economic Development Canada has issued a consultation paper asking Canadians what should be included in new data breach regulations that will be made under the Personal Information Protection and...more

3/7/2016 - Canada Data Breach Digital Privacy Act PIPEDA Popular Recordkeeping Requirements Reporting Requirements Risk Assessment

Cybersecurity and international data transfer

In 2016, cybersecurity will dominate the agenda of the C-Suite. However, that will not be the only data governance concern for organizations. Re-tooling how organizations move data internationally will also be a major...more

2/10/2016 - Cybersecurity Information Sharing Act (CISA) EU-US Privacy Shield International Data Transfers Model Contracts Trans-Pacific Partnership

Is cybersecurity insurance a fad? Or, what do I need to know?

Let’s get to the bottom line. Cybersecurity insurance is neither a fad, nor an issue for e-commerce platforms only. Instead, for most retail organizations, cybersecurity insurance will be an important part of the retail...more

2/1/2016 - Cyber Insurance Cybersecurity Retailers Risk Management

Evidence and Social Media: Notes from the Canadian Twitter Trial

On Friday, January 22, 2016, the Ontario Court of Justice released reasons in R. v. Elliott, 2016 ONCJ 35. The case involved allegations that the accused engaged in criminal harassment of two women by repeatedly communicating...more

1/25/2016 - Canada Evidence Harassment Popular Social Media Twitter

Dragnet No More? Recent guidance on production orders

On January 14, 2016, a judge of the Ontario Superior Court of Justice issued a series of guidelines for future production orders directed to telecommunications companies for cell tower data. Although the guidelines focus...more

1/18/2016 - Canada Cell Towers Criminal Code Digital Data Telecommunications

The thorny issue of retention periods – Insurers Beware

There is perhaps no issue under Canadian and international privacy legislation that causes as much grief as the issue of what retention period can be applied to data collected by an organization. However, recently the Office...more

1/11/2016 - Canada Data Collection Data Retention Insurance Industry PIPEDA

New IIROC Cybersecurity Risk Management Guides – Voluntary?

On December 21, 2015, the Investment Industry Regulatory Organization of Canada (IIROC) published two excellent resources to help IIROC-regulated firms address cybersecurity threats. The resources are aimed, in particular, at...more

1/4/2016 - Asset Management Best Practices Cyber Insurance Cybersecurity Securities Dealers

Ontario Issues Guidance on Internet Publication

Ontario Municipalities Should Exercise Care in Publishing Personal Information - The Information and Privacy Commissioner of Ontario (IPC) has published new guidance entitled, Transparency, Privacy and the Internet:...more

8/10/2015 - Data Security Internet Ontario Personally Identifiable Information Prior Express Consent Privacy Laws Right to Privacy

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

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

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