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10 Key Questions to Guide Cyber Risk Management

Asking the right questions within your organization is key to effectively managing cyber risk. Here are 10 questions that you should ask your team...more

Minister of Innovation, Science and Industry of Canada Releases Proposed Amendments to the Digital Charter Implementation Act

On September 26, 2023, the House of Common's Standing Committee on Industry and Technology (the Standing Committee) embarked on a comprehensive examination of Bill C-27, the Digital Charter Implementation Act. If passed, this...more

Supreme Court of Canada Denies Leave to Appeal in Intrusion upon Seclusion Trilogy

On July 13, 2023, the Supreme Court of Canada (SCC) denied leave to appeal from three Ontario Court of Appeal (ONCA) decisions declining to apply the tort of intrusion upon seclusion to database defendants—i.e., organizations...more

Federal Court Dismisses Commissioner's Application In Facebook Privacy Case

The Federal Court of Canada released a decision on April 14, 2023 in OPC v Facebook Inc.,2023 FCC 533 [Facebook], dismissing the Privacy Commissioner's application against Facebook (now Meta Platforms, Inc.) stemming from...more

British Columbia Employer Found Vicariously Liable for Data Breach

The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Regulatory Obligations Concerning the Disposal of Outdated Hard Drives and Servers

The disposal of hardware in the wrong manner can leave an organization offside its regulatory obligations under privacy legislation. Depending on the residence of the individuals or entities whose personal data is stored by...more

Federal Government Introduces Cybersecurity Legislation to Protect Critical Infrastructure

On June 14, 2022, federal Public Safety Minister Marco Mendicino introduced Bill C-26, An Act Respecting Cyber Security (ARCS). Intended to strengthen cybersecurity of vital services and vital systems, this proposed...more

Privacy Reforms Now Back Along with New AI Regulation

Understanding the Draft of the Consumer Privacy Protection Act and Artificial Intelligence and Data Act - On June 16, 2022, the Digital Charter Implementation Act, 2022 (DCIA) was introduced as Bill C-27. The DCIA will...more

Defending Against Ransomware: OSFI Updated Advisory on Cyber Incident Reporting

Ransomware continues to present an increasing risk to all organizations. Ransomware attacks can involve the installation of malicious software designed to block access to computer systems and/or steal data, and a...more

OSFI Cybersecurity Guidance and Notification Requirements

OSFI, the Canadian Federal Office of the Superintendent of Financial Institutions, on August 13, 2021, issued new guidance on Technology and Cyber Security Incident Reporting, replacing prior guidance of March 2019....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

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

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

Privacy Commissioner's Call for Increased Enforcement

In its Annual Report to Parliament on the Privacy Act and Personal Information Protection and Electronic Documents Act (PIPEDA), the Office of the Privacy Commissioner (OPC) has repeated its previous calls for reform to...more

Data Breach and Vicarious Liability for Employee Misconduct

It is not only hackers who pose a risk to an organization's information security; hostile insiders do as well. According to Verizon, an estimated 34 percent of data breaches involve internal actors. Hostile insiders may be...more

Expect Increased Privacy Regulatory Enforcement in 2020

2020 is shaping up to be a significant year for regulation of privacy issues, with two significant events taking place so far this year. In early February, the Office of the Privacy Commissioner (OPC) commenced an action...more

Canada Digital Charter Announced

The federal government has launched Canada’s new Digital Charter that comprises 10 broad principles to govern the use of data in the digital world. The stated purpose of the Digital Charter is to guide dialogue around changes...more

Cybersecurity Obligations of Directors - Guidance from the United States Decisions

Your organization will in all likelihood suffer a cyberattack. According to a recent study by Accenture, the average Canadian organization faces about 96 cyberattacks per year, nearly one third of which result in a security...more

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