Tim Banks

Tim Banks

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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

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

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

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

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

Social Networking And Online Forums – Privacy

Last month, the UK Information Commissioner’s Office (UK ICO) published guidance on the application of the Data Protection Act 1998 (UK DPA) to social networking sites and online forums....more

6/19/2013 - Canada Data Protection EU PIPEDA Social Media UK Data Protection Act

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

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

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

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

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

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

1/14/2013 - Anti-Spam Legislation Behavioral Advertising CAN-SPAM Act Compliance Cookie Banners Cookies Data Protection Electronic Communications Enforcement EU ICO OPC

Five Data Governance Matters To Address In 2013

It is 2013, and time for a bit of tough love. Here are five data governance matters that need your attention as soon as possible....more

1/2/2013 - Advertising Bring Your Own Device Confidential Documents Corporate Governance Data Collection Data Protection Encryption

Big Data and Cloud Computing Meet the Uruguay Conference of Data Protection Authorities

The 34th International Conference of Data Protection and Privacy Commissioners was held in Uruguay on October 23 and 24, 2012. The purpose of the International Conference is to bring together data protection and privacy...more

11/15/2012 - Big Data Cloud Computing Data Protection Profiling

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