Personal Information Protection and Electronic Documents Act

News & Analysis as of

ISO/IEC 27018 – New Code of Practice Promotes Privacy Protection in the Cloud

The Privacy Commissioner of Canada has made it clear that, while privacy is not a barrier to businesses using cloud computing, it must be taken into consideration. Related guidance has been issued in which businesses are...more

Doing Business in Canada: Privacy

Canada has enacted generally applicable privacy laws that govern most private sector activities. Each province and the federal government also have privacy and freedom of information legislation that governs government...more

Risk of Data Breaches Keeping You Up? Assess Data Security Before The Holiday Season

Data security breaches marred the 2013 holiday season for many consumers and retailers. The most famous security breach, at Target Corporation (Target), involved the loss of information on 40 million payment cards and...more

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

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

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

International Privacy - 2013 Year in Review - Canada

This fall, Canadian Parliament failed to pass proposed amendments to its federal privacy law that would impose a mandatory breach notification requirement. Bill C-12, originally introduced in 2010 and reintroduced in 2011,...more

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

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

Privacy Reform Coming in Light of Big Data

Canada’s Federal Privacy Commissioner Jennifer Stoddart today released a position paper which offers a roadmap for modernizing Canada’s federal private-sector privacy law, Personal Information Protection and Electronic...more

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

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

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

Outsourcing by Canadian Companies: Another Look at the USA PATRIOT Act

Cloud computing and data outsourcing has been embraced by many Canadian companies. In a recent poll, the adoption rate of cloud-based services by Canadian businesses experienced one of the highest year-over-year increases....more

App Law & Privacy

Several recent stories have highlighted the concerns over personal information, privacy and the reach of mobile apps. Once again, the law is labouring to keep up with technology....more

HR Professionals: The Key To Smooth Corporate Acquisitions

Although human resources professionals are not always recognized for their efforts during a corporate acquisition, the work which they do behind the scenes can often make the difference between an acquisition succeeding or...more

Canada’s Anti-Spam Law (CASL) – Proposed New Regulations Would Soften Impact

Draft Regulations recognize CASL should not apply to ”regular business communications” Industry Canada has published long-awaited draft Regulations that would lessen the impact of Canada’s Anti-Spam Law (CASL) on...more

New Draft Regulations Soften Impact of CASL, but Concerns about Jobs and Compliance Costs Remain

Revised draft regulations under Canada’s anti-spam legislation (CASL) have been issued by Industry Canada. While the draft regulations provide some relief to businesses, Industry Canada has elected not to address concerns...more

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

Doing Business in Canada: Technology

Many Canadian businesses are involved in researching and developing cutting-edge technology in a number of areas including: information technology, high-tech, life sciences, pharmaceuticals, clean technology, environmental...more

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