Tim Banks

Tim Banks

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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

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

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

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

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

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

No Right To Audio Recording Or Customer Service Representative’s Name: OPC Guidance On Access Rights

On December 13, 2012, the Office of the Privacy Commissioner of Canada released Report of Findings #2012-004 (August 22, 2012) relating to the unauthorized disclosure to an imposter of a cell phone customer’s account...more

1/4/2013 - Audio Recording Cell Phones Disclosure Requirements Personally Identifiable Information PIPEDA

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