Personal Information Protection and Electronic Documents Act

News & Analysis as of

Tales from the Trenches: Lessons Learned from the Ashley Madison Data Breach

In July 2015, the online cheating website Ashley Madison was hacked and data pertaining to its 37 million users were published online. The story made headlines given the sensitive nature of the information exposed, the number...more

The Ashley Madison Breach: Canada-Australia Report of Investigation and Takeaways for all Organizations

On August 23, 2016, the Office of the Privacy Commissioner of Canada (OPC) released its joint report with the Office of the Australian Information Commissioner (OAIC) regarding its investigation of the 2015 Ashley Madison...more

Demystifying Canadian employment and labor law

Because Canada is a confederation of provinces and territories, each with the power to pass employment and labor laws, determining the applicable law in a particular situation can be perplexing to a newcomer to the nation's...more

Naughty Secrets – Findings in the Ashley Madison Breach

A quote attributed to FBI Director Robert Mueller is, “There are only two types of companies: those that have been hacked and those that will be”. The assessment of the Ashley Madison cyber-attack has lessons for all...more

Office of the Privacy Commissioner of Canada discusses its investigation against Compu-Finder

The Office of the Privacy Commissioner of Canada (OPC) recently hosted a knowledge session to stakeholders to discuss its recent investigation against Compu-Finder. This was the first investigation by the OPC involving the...more

Five Things to Know Before Flying a Drone Over Real Estate or Construction Sites

In a wide range of industries across North America, drones and drone technology are being embraced for commercial purposes. The Federal Aviation Administration in the United States estimates that monitor construction crews...more

Office of the Privacy Commissioner announces first investigation under the address harvesting provisions

Last week, the Office of the Privacy Commissioner (OPC) announced its report of findings against Compu-Finder, a Quebec-based company that offers face-to-face professional training courses....more

Canada's PIPEDA: consultation opportunity for data breach reporting regulations

The Canadian government continues to move forward with the regulation development process relating to data breach reporting....more

O’ Really, Canada? Data Breach Log Rules Underway

In June 2015, Canada made significant amendments to its data privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).  These amendments to PIPEDA will require businesses to inform the Canadian...more

One Step Closer to Mandatory Breach Reporting Across Canada: Consultations Open

On March 4, 2016, Innovation, Science and Economic Development Canada (Ministry) published a consultation document soliciting input from stakeholders on the development of regulations that will support mandatory data breach...more

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

The New Face of Commercial Crime - Cybersecurity Risks for Companies and their Directors

The threat of commercial crime against companies is transforming. Technology has created new and innovative ways for fraudsters to exploit individuals and companies through cyber attacks. This new face of fraud can give rise...more

Year in Review: Legislation and Guidance for Financial Institutions in 2015

Financial institutions in Canada witnessed yet another year of significant growth in legislation and regulatory guidance impacting their operations, while the financial marketplace is continuing to adapt to the impact of...more

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

Legal Trends: Privacy

In April, the Office of the Privacy Commissioner of Canada (OPC) released its investigation report regarding Bell’s Relevant Ads Program (RAP). The RAP involved the creation of Bell Mobility customer profiles based on...more

Canadian Privacy 101: Employers Be Aware! Part I

This is the first post in a three-part series. If you work for a U.S.-based company with Canadian operations, your organization probably understands its obligations to comply with Canadian employment and tax laws. But...more

New Government in Canada Announces Changes to Privacy Laws

On October 19, 2015, Canadians elected Justin Trudeau, the son of former Prime Minister Pierre Trudeau, as their new and second-youngest-ever prime minister. When it comes to privacy and technology, the new government has...more

Data privacy in the Americas - At a glance

As multinational employers are aware, data privacy laws can vary greatly from jurisdiction to jurisdiction. Ensuring compliance with the different requirements can be challenging, and the penalties for noncompliance can be...more

Canada’s amendments to PIPEDA now largely in force

Canada’s Personal Information Protection and Electronic Documents Act (“PIPEDA”) has been amended by The Digital Privacy Act (the “DPA”). DPA updates PIPEDA and modernizes Canadian data privacy and security law. DPA is now...more

Privacy & Cybersecurity Newsletter: International Edition July 2015

Retail Tracking Update: Privacy Guidance Following Nomi Technologies - There is currently a widespread effort to quantify everything, from steps, to sleep, to batted ball exit velocity. Fifteen years ago, TV host Jeremy...more

You Won Your Case — Now What? SCC to Consider Intersection of Judgment Enforcement and Privacy Rights

A plaintiff wins judgment, but the defendant (judgment debtor) refuses to pay or provide information necessary for the plaintiff (judgment creditor) to realize against the debtor’s assets. When and how can the creditor obtain...more

At Last! Canadian Breach Notification Has (Almost) Arrived

June 18, 2015 marks another step forward for a country with already strong privacy laws, with the long-awaited passage of the Digital Privacy Act in Canada. The Digital Privacy Act amends Canada’s existing privacy framework,...more

Canadian Government Amends and Strengthens PIPEDA, Adding Breach Notification Requirement and Filling Other Gaps

Just prior to recessing for the summer, the Canadian government enacted the Digital Privacy Act. It includes a number of targeted amendments to strengthen existing provisions of the Personal Information Protection and...more

Canada’s New Privacy Laws Will Require Breach Notice and Affect Private Sector Operations in Canada

It has been a long time coming, but this week the Personal Information Protection and Electronic Documents Act (“PIPEDA”) received a make-over, including new data breach notification provisions, with the enactment of the...more

Canada Moves Forward with Mandatory Federal Security Breach Notification Law

On June 18, 2015, the Canadian Minister of Industry announced that the Digital Privacy Act, which amends Canada’s foundational Personal Information Protection and Electronic Documents Act (PIPEDA), has received royal assent...more

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