Personal Information Protection and Electronic Documents Act

News & Analysis as of

New Guidance on Disclosure Exceptions for Investigations and Fraud

On March 17, 2017, the Office of the Privacy Commissioner of Canada (OPC) published guidance on two new exceptions in PIPEDA permitting disclosure without consent. The guidance is very helpful to interpreting these new...more

Key priorities of the Privacy Commissioner of Canada in 2017

The privacy law regime in Canada affects any organization whose business involves dealing with the personal information of Canadians. Canada’s main private sector privacy legislation is the federal Personal Information...more

Another Canadian Decision Reaches Outside Canada

This fascinating Ontario case deals with an Alberta-based individual who complained of certain material that was re-published on the website Globe24h.com based in Romania. The server that hosted the website was located in...more

Private Right of Action under CASL coming July 2017

Canada’s Anti-Spam Law came into force on July 1, 2014. Since then, all eyes have been on the Canadian Radio-television and Telecommunications Commission (CRTC) for decisions concerning CASL violations. In the cases made...more

Implied Consent under Privacy Law Reconsidered

The federal private sector privacy regime operates on a consent basis. Unless an exception is applicable consent is needed to collect, use or disclose personal information of another. That consent can be express or implied....more

From “Judgment Granted” to Getting Paid: SCC Ruling Makes it Easier for Plaintiffs to Enforce Judgments

The Supreme Court of Canada (SCC) has rendered judgment in a closely-watched case involving the intersection of judgment enforcement and privacy rights. As discussed in an our July 2015 Blakes Bulletin: You Won Your Case —...more

Cybersecurity Data Breaches and Mandatory Privacy Breach Reporting: Lessons from Alberta

In an increasingly interconnected and digitized world, data breaches have become ever more common. The wealth of personal information that corporations have in their possession means that such breaches can occur in even the...more

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

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Cybersecurity

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