On November 6, 2024, the Alberta government introduced Bill C-33 and Bill C-34 which aim to replace the Freedom of Information and Protection of Privacy Act with: (1) the Protection of Privacy Act; and (2) the Access to...more
The review of Alberta's Personal Information Protection Act (PIPA) currently underway by the Alberta Standing Committee on Resource Stewardship (the Committee) continues, with the Privacy Commissioner of Canada recently...more
Canadian courts and law societies, alike, are faced with an ever-evolving challenge: straddling the line between recognizing the potential benefits of emergent generative artificial intelligence (GenAI), while balancing the...more
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
The use of artificial intelligence (AI) in the preparation of materials filed with the courts has been the subject of recent practice directions, with certain Canadian courts requiring that any reliance on AI by a litigant...more
Artificial intelligence (AI) regulation in Canada may be around the corner and could affect all types of organizations involved with AI systems in commercial contexts. A new companion document, for the Artificial Intelligence...more
Amendments to British Columbia’s Freedom of Information and Protection of Privacy Act (FIPPA) taking effect on February 1, 2023, will impose more stringent privacy requirements on provincial public bodies, such as hospitals,...more
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
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
6/20/2022
/ Artificial Intelligence ,
Canada ,
Consumer Privacy Rights ,
Corporate Counsel ,
Cybersecurity ,
Data Collection ,
Data Privacy ,
Data Protection ,
Data Security ,
New Legislation ,
Personal Information
In ES v Shillington, 2021 ABQB 739 [Shillington], the Alberta Court of Queen's Bench recognized the tort of public disclosure of private facts for the first time in Alberta. This decision expands remedies available to...more
The Ministry of Service Alberta is seeking public input on the province's statutory privacy protections. This follows Ontario's recent gesture to modernize its privacy framework and request feedback, which we discussed in...more
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
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
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
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
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
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
Ontario's Ministry of Government and Consumer Services recently announced that it is contemplating new private sector privacy legislation (PSPL) to govern how businesses collect, use and disclose customers' data. The Ministry...more
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
2/7/2020
/ Artificial Intelligence ,
Canada ,
Consultation ,
Consumer Privacy Rights ,
Cybersecurity ,
Data Collection ,
Data Protection ,
Data Security ,
OPC ,
PIPEDA ,
Popular ,
Transparency
Violations of privacy—already overseen by the Office of the Privacy Commissioner of Canada (as well as provincial privacy commissioners)—may soon be subject to fines under the federal Competition Act. In a statement yesterday...more
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
The Office of the Privacy Commissioner of Canada (OPC)'s report, Personal Information Protection and Electronic Documents Act (PIPEDA) Report of Findings #2019-001, issued April 9, 2019, into the Equifax hack, created...more
9/25/2019
/ Consumer Privacy Rights ,
Cybersecurity ,
Data Breach ,
Data Processors ,
Data Protection ,
Equifax ,
International Data Transfers ,
Personal Data ,
PIPEDA ,
Prior Express Consent ,
Third-Party Service Provider
As the digital landscape evolves, and the commoditization of personal information increases, expectations as to what constitutes appropriate consent for the collection, use and disclosure of personal information in Canada are...more
Violations of privacy–already regulated by the Office of the Privacy Commissioner of Canada (as well as provincial privacy regulators)–may also soon be regulated by Canada’s Competition Bureau. In a statement yesterday at the...more
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