Personal Information Protection and Electronic Documents Act

News & Analysis as of

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

Digital Privacy Act Modernizes PIPEDA

On June 18, 2015, significant portions of the Digital Privacy Act received Royal Assent. This Act, amends the Personal Information Protection and Electronic Documents Act (PIPEDA), and brings important certainty to how...more

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

Digital Privacy Act Receives Royal Assent, but Breach Notification Provisions Lag Behind

After lengthy debates, Bill S-4, the Digital Privacy Act? finally received royal assent on June 18, 2015, and is now law. The federal government introduced Bill S-4 on April 8, 2014, which marked the government’s third...more

Legislative Alert: Bill S-4, an Act to amend Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA) passed...

On June 18, 2015, Bill S-4, the Digital Privacy Act was passed by Canada’s House of Commons vote. Bill S-4 was previously passed by Canada’s Senate. The Digital Privacy Act includes important amendments to the Personal...more

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

Privacy law and anti-spam: Guidance from the Office of the Privacy Commissioner of Canada

Recent enforcement under Canada’s anti-spam legislation (CASL) by the Canadian Radio-Television and Telecommunications Commission (CRTC) is keeping the spotlight on this new legislation, which came into force just last year....more

Navigating the Cyber Liability Storm Part I

Franchisors are facing a precarious three-way intersection of increased accountability and regulation over consumer privacy, the growing volume and sophistication of cyber-attacks on consumer data, and the expanding...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

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