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