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A Key Step Towards the Right to Be Forgotten? Federal Privacy Laws and Internet Search Engines

In Reference re Subsection 18.3(1) of the Federal Courts Act (the Reference), the Federal Court of Canada held that the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA) applies to internet...more

Regulation of Privacy in Ontario: One Step Closer

Organizations operating in Ontario may soon be subject to an entirely new provincial privacy regime that could impose substantial compliance obligations, and establish significant penalties for contravention of those...more

A “Step Back Overall” for Privacy

Federal Privacy Commissioner Calls for Stronger Privacy Protections in Bill C-11 - In November 2020, the federal government tabled Bill C-11, the proposed new private-sector privacy law that would replace the current...more

Ontario Promises to Create Canada's First Provincial Data Authority

On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction."...more

New Data Commissioner Proposed in the 2021 Federal Budget

On April 19, 2021, the Government of Canada released the 2021 Federal Budget, which, among other things, proposes to allocate $17.6 million over the next five years (and $3.5 million per year afterwards) to the establishment...more

Alberta and Saskatchewan's New Self-Certified Investor Prospectus Exemption

On March 31, 2021, securities regulators in Alberta and Saskatchewan adopted a new self-certified investor prospectus exemption, in effect for the next three years (expiring April 1, 2024), to increase capital access and...more

Alberta Securities Commission Proposes New Prospectus Exemptions for Small Business: Seeks Comments

On March 25, 2021, the Alberta Securities Commission (ASC) proposed two new prospectus exemptions to promote investment opportunities for small businesses in Alberta, and is seeking written submissions with respect to the...more

Evidence of Harm Required To Advance Class Action Following Data Breach

The Court of Queen's Bench of Alberta, in Setoguchi v Uber B.V., 2021 ABQB 18, recently dismissed an application for certification of a proposed class action resulting from a data breach because there was no evidence of harm...more

Privacy Commissioners Issue Report on Clearview AI's Facial Recognition Tool

The use of a facial recognition tool by Clearview AI, Inc. was the subject of an investigation by the privacy commissioners of Alberta, British Columbia and Quebec and their federal counterpart. In their jointly published...more

Understanding the Draft Consumer Privacy Protection Act: A Summary of the Key Changes Proposed

The long-awaited comprehensive reform to Canada's private sector privacy legislation is now finally underway. On November 17, 2020, the Digital Charter Implementation Act, 2020 (DCIA) was introduced. The DCIA will enact the...more

Substantial Changes to Federal Regulation of Privacy Now Imminent

Comprehensive reform to Canada's privacy legislation—which privacy experts have long anticipated—is now imminent. Today, the Minister of Innovation, Science and Industry, the Honourable Navdeep Bains, tabled the Digital...more

Alberta Sunshine List Expanded to Include Physicians

In what is promised by the Government of Alberta to be "the most comprehensive disclosure of physician payments in Canada," Alberta released regulations on physician payment disclosure on September 9, 2020....more

9/18/2020  /  Canada , Data Privacy , Pay Data , Physicians

Canadian Domain Name Registrar Offers New Free Cybersecurity Solution to Individuals

The Canadian Internet Registration Authority (CIRA) launched a domain name system (DNS) service on April 23, 2020. CIRA is the entity responsible for overseeing Canada's .ca country-code top-level domain (ccTLD). CIRA is...more

Privacy Considerations When Using Smartphone Location Data to Limit the Spread of COVID-19

As countries around the world continue their efforts to combat the novel coronavirus (COVID-19), governments are increasingly turning to technology to enforce "social distancing" rules and related measures designed to contain...more

4/15/2020  /  Canada , Smartphones

Changes Result in the Alberta Electronic Transactions Act Applying to Employment and Other Records

Legislative changes have resulted in the Alberta Electronic Transactions Act (ETA) now applying to various records often relied upon by employers, landlords, tenants and others. As any record to which the ETA applies cannot...more

4/15/2020  /  Canada , Healthcare , Landlords

COVID-19—Mitigating Risks to Critical IT Projects and Services

Given the disruptions arising from COVID-19, organizations are well advised to consider how such disruptions will impact their key information technology (IT) projects and services. In particular, starting with those projects...more

Privacy Considerations when COVID-19 Identified in the Workplace

As organizations in Canada identify employees, contractors or guests in the workplace who are or may be carrying, or who may have been exposed to others who are or may be carrying, the novel coronavirus (COVID-19), they will...more

Privacy Considerations when COVID-19 Screening

As Canada's federal and provincial health authorities address the novel coronavirus (COVID-19), various questions have arisen regarding the role that organizations should play in balancing the privacy of its employees,...more

Review of Artificial Intelligence May Result in Significant Changes to PIPEDA

Foreshadowing potential significant changes to the federal Personal Information Protection and Electronic Documents Act (PIPEDA), the Office of the Privacy Commissioner of Canada (OPC) is currently seeking input from...more

Canadian and Other Privacy and Data Protection Authorities Address Anticipated Challenges Related to Artificial Intelligence

Artificial intelligence (AI) presents numerous opportunities to benefit society; however, the Office of the Privacy Commissioner of Canada (OIPC), together with numerous international counterparts, have been urging the...more

Record Fine Proposed Under GDPR

Any doubt that the world of data protection changed profoundly when the European Union’s General Data Protection Regulation (GDPR) came into effect on May 25, 2018, were solidly dispelled when the United Kingdom’s Information...more

Changes to Cross-Border Data Flow Consent Requirements: Is Your Privacy Policy Still Compliant?

Seeking input from interested third parties, the Office of the Privacy Commissioner of Canada (OPC) announced a revision to its policy position on transborder data flow under the federal Personal Information Protection and...more

Understanding the GDPR—Comparing Consent Provisions to PIPEDA, PIPA and CASL

The European Union’s General Data Protection Regulation (GDPR) came into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to this legislation, the following is...more

New Breach Notification Under Alberta's Health Information Act

As of August 31, 2018, custodians and their affiliates will have obligations to provide breach notifications under Alberta’s Health Information Act....more

Understanding the GDPR: A Comparison Between the GDPR, PIPEDA and PIPA

The European Union’s General Data Protection Regulation (GDPR) will come into force on May 25, 2018. To assist Canadian organizations with their potential compliance efforts with respect to same, the following is intended to...more

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