Tim Banks

Tim Banks

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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

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

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

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

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

Supreme Court Of Canada To Police: Get A Warrant To Search Computers And Mobile Phones

Yesterday, the Supreme Court of Canada issued a unanimous decision in R. v. Vu recognizing important privacy interests in information stored in a computer or mobile phone. The court held that specific, prior judicial...more

11/8/2013 - Canada Electronic Devices Mobile Devices Search Warrant

A Release Fails To Persuade Canada’s Privacy Commissioner To Discontinue Investigation

In case you missed it, the Office of the Privacy Commissioner of Canada (OPC) posted Report of Findings #2013-004 (dated July 18, 2013) on November 4, 2013 relating to an access inquiry by a former employee of a bank under...more

11/8/2013 - Canada Contract Drafting OPC Personnel Records PIPEDA Release Agreements

How Is The Canadian Government Doing On Protecting Personal Information In Its Operations?

In the last two weeks, the out-going Privacy Commissioner of Canada, Jennifer Stoddart, has released three reports that provide insight on the current state of Canada’s federal government’s protection of personal information...more

10/30/2013 - Canada Data Protection Personally Identifiable Information Privacy Laws

Canadian Cyber-Security Guidance For Financial Institutions

Espionage and criminal heists have enduring popularity whether as news or cultural entertainment. However, it is not just big business for reporters, authors and producers. ...more

10/29/2013 - Canada Cybersecurity Cybersecurity Framework NIST

Ontario Announces New Open Government Initiative

Ontario Premier Kathleen Wynne announced today a new Open Government initiative to “increase openness, transparency and accountability, and boost innovation and economic productivity.” ...more

10/22/2013 - Canada Transparency

Is Manitoba Set To Lead In Privacy Enforcement?

For the first time in nearly a decade, a province has enacted comprehensive private sector privacy legislation. Learning from the experiences federally and in the provinces of British Columbia and Alberta, Manitoba has...more

10/16/2013 - Breach Notification Rule Canada Identity Theft Personally Identifiable Information Privacy Laws

2013 OECD Privacy Guidelines – Will Canada Respond?

In case you missed it, the Organization for Economic Cooperation and Development (“OECD”) released the revised Guidelines Governing the Protection of Privacy and Transborder Flows of Personal Data (the “OECD Privacy...more

10/15/2013 - Canada Data Protection OECD Personally Identifiable Information Privacy Laws

Privacy Notices – It’s Back To Basics (Without The Boilerplate)

Earlier this year, I reported that the Office of the Privacy Commissioner of Canada (OPC) was participating in the first ever Internet sweep by the Global Privacy Enforcement Network (GPEN)....more

8/14/2013 - Boilerplate Language Canada GPEN Internet Mobile Apps OPC Privacy Policy Websites

Unclaimed Intangible Property In Canada

Ah, unclaimed intangible property. The route to uniform legislation is far from a straight line and progress is slow....more

8/13/2013 - Beneficiaries Canada Gift-Cards Municipalities Unclaimed Property

Extending Privacy Protection Obligations To Non-Profits In Alberta

Earlier this month, the Alberta Information and Privacy Commissioner, Jill Clayton, published the second instalment of her submissions with respect to the review of the Alberta Freedom of Information and Protection of Privacy...more

8/12/2013 - Canada Data Protection Employer Liability Issues FIPPA Non-Profits Privacy Laws Right to Privacy

Blurring Of Personal And Professional Email Accounts

Not uncommonly, employees may forward information back and forth between personal and professional email accounts....more

8/8/2013 - Canada Data Protection Email FIPPA Personally Identifiable Information

New Remedies For Cyberbullying In Nova Scotia

Provisions of the Nova Scotia Cyber-safety Act came into force today, as announced by the Minister of Justice of Nova Scotia....more

8/8/2013 - Canada Cyber Safety Act Cyberbullying Damages Joint and Several Liability Protective Orders

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