On Tuesday April 2, 2014, the government gave first reading to proposed amendments to the Personal Information Protection and Electronic Documents Act (“PIPEDA”). These amendments have been tabled as Bill S-4 in the Senate (the “Bill”), which is entitled the Digital Privacy Act.
The Bill is broadly similar to the former Bill C-29 which was introduced in 2010 but never passed. However there are some changes, particularly in introducing a new “compliance agreement” paradigm.
Broadly, the major changes proposed in the Bill can be summarized as follows. The Bill would:
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- Require mandatory reporting of security breaches
For any business seeking to sell its products or offer its services in the Province of Québec, the carrying out of such activities and the way in which such businesses operate generally are profoundly affected by the enduring linguistic restrictions imposed by the Québec Charter of the French Language (the “Charter”). Adopted by the Québec National Assembly in 1977, the Charter’s stated objective is to safeguard the quality and influence of the French language in both the workplace and as the language of commerce. In the area of business and commerce, the Charter requires that business names, … Continue Reading
Information disseminated through social media platforms such as Facebook and LinkedIn is of growing utility in litigation matters. Evidence obtained from social media accounts by way of discovery preservation and production orders has significantly strengthened the positions of litigating parties. This should come as no surprise as individuals routinely “post” messages, thoughts, pictures and experiences on these platforms, leaving a wake of evidence in the process.
There has been marked development in this area of law in Canadian jurisprudence. To date, Courts and Tribunals have, among other things, ordered the preservation and production of entire social media accounts, dismissed … Continue Reading