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… → Read More
Category Archives: Privacy
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Obituary: The Conservative government abandons Internet surveillance bill (Bill C-30)
Posted in PrivacyAlmost a year after the bill’s introduction on Valentine’s Day in 2012 by Canada’s public safety minister, Vic Toews, the Conservative government abandoned its attempt to modernize the Criminal Code through Bill C-30. The purpose of the proposed legislation was to provide law enforcement with a facilitated mechanism to track the digital activities of suspects…. → Read More
Interdiction de publicité destinée aux enfants : le nouveau guide de l’OPC
Posted in PrivacyL’Office de la protection du consommateur (« OPC ») lance son nouveau guide d’application des articles 248 et 249 de la Loi sur la protection du consommateur (« LPC ») concernant la publicité à but commercial destinée à des personnes de moins de 13 ans. Le Québec est la seule juridiction en Amérique du Nord ayant adopté des dispositions… → Read More
Reasonable Expectation of Privacy on Work-Issued Computers
Posted in PrivacyThe Supreme Court has found that employees may have a reasonable expectation of privacy in the information contained on their work computers, at least where personal use is permitted or reasonably expected by the employer. The issue in R. v. Cole arose when a laptop used by a high school teacher, but provided by his… → Read More
Mr. Ward’s “Unreasonable” Expectation of Privacy towards Data Held by his ISP
Posted in PrivacyIs the anonymity of the Internet user unconditionally protected by the Canadian Charter of Rights and Freedoms’ legal strongbox? In R. v. Ward, 2012 ONCA 660, the Court of Appeal for Ontario determined that it is not always the case and that there are limits to an Internet users’ reasonable expectation of privacy. In this… → Read More
OPC Issues Privacy Guidelines for Developing Mobile Apps
Posted in PrivacyThe offices of the Privacy Commissioners of Canada, Alberta, and B.C. have jointly issued guidelines on good privacy practices for developing mobile applications. The guidelines highlight the need to maintain good privacy practices in the rapidly evolving world of the mobile environment. Today, cell phones enable users to do much more than simply make phone… → Read More
Federal Court Holds No Damages for Trivial Privacy Breaches
Privacy Damage Awards under Section 16 of PIPEDA
Posted in PrivacyThe recent decision Townsend v. Sun Life Financial adds to the emerging case law on privacy damage awards under Section 16 of Personal Information Protection and Electronic Documents Act. In Townsend, the Court refused to award to damages to Mr. Townsend, who had alleged that Sun Life disclosed his medical information to a third party… → Read More
Preparing for and Responding to Security Breaches
Posted in PrivacyIn the wake of security breaches reported at LinkedIn and eHarmony, now may be a good time for businesses to re-acquaint themselves with the applicable statutory framework for the protection of personal information in Canada as well as implement or update policies and procedures around breach detection and notification. Reports of Recent Security Breaches On… → Read More
OIPC Cloud Computing Guidelines for BC Public Bodies
Posted in Contracting/Outsourcing, Privacy, Regulatory ComplianceRecently, the Office of the Information and Privacy Commissioner for British Columbia published cloud computing guidelines for public bodies in British Columbia. The purpose of the guidelines is to provide information to public bodies about how BC’s Freedom of Information and Protection of Privacy Act (BC FIPPA) applies to cloud computing. What is Cloud Computing?… → Read More
Hot Off the Press – Doing Business in Canada 2012
Posted in Copyright, Intellectual Property, M&A/Finance, Patents, Privacy, Trade-marksIf your organization is currently thinking about establishing or acquiring a technology business in Canada, the 2012 edition of Doing Business in Canada, written by McCarthy Tétrault, will prove to be a valuable resource. The guide provides a broad overview of the legal considerations that non-residents should take into account to help ensure their success… → Read More
Hot Off the Press – Canadian Telecommunications Regulatory Handbook
Posted in E-Commerce, Privacy, Regulatory ComplianceMcCarthy Tétrault has just published Canadian Telecommunications Regulatory Handbook by partner Hank Intven. The Handbook provides a detailed summary of Canadian telecommunications law and regulation and is a convenient single reference source for the text of the laws, treaties, regulations, directions, orders, rules and other key documents that govern Canadian telecommunications regulation. This Handbook includes… → Read More
Do Not Track – Recent Developments in the World of Online Behavioural Advertising
Posted in E-Commerce, PrivacyLast week was a big week for “Do Not Track” (DNT) developments: Google officially joined company with a coalition of big internet players for voluntary controls on Online Behavioural Advertising (OBA). The controls take the form of an industry spanning self-regulatory program, backed by the Digital Advertising Alliance (DAA), that aims to provide a consistent… → Read More
Cloud Computing and Privacy Issues: Implications for Businesses
Posted in Contracting/Outsourcing, Privacy, Regulatory ComplianceDue to cloud computing’s borderless and infinite storage potential, vast amount of information can be collected and stored. However, the accumulation of personal information in the cloud increases the risks and impact of unauthorized access to the information, whether through security or data breaches. This risk is compounded when the data is transferred outside of… → Read More
Ten Tech Law Resolutions for 2012
Posted in Consumer Protection, Copyright, E-Commerce, Intellectual Property, PrivacyJanuary is a great time to make some resolutions for the coming year. In addition to the personal ones you have made, here are 10 involving tech issues that are (or should be) important to your organization. 1. Closing the Loop on Open-Source Open-source software code and other types of materials and technical artefacts that are subject… → Read More
Suing for Snooping – Privacy Intrusion Actionable in Ontario
Posted in PrivacyIn Jones v. Tsige, the Court of Appeal for Ontario recently ruled that there is a tort of “intrusion upon seclusion” in this province and awarded $10,000 in damages to a woman whose banking records were surreptitiously accessed by a fellow employee. Is there is a Tort of Inclusion upon Seclusion in Ontario? Adapting the Law… → Read More
Canadian Federal Government Revives Amendments to PIPEDA – Part II: Other Changes to Canadian Private Sector Privacy Law
Posted in PrivacyIn addition to the breach notification requirement discussed in Part I, Bill C-12 also proposes a number of other smaller amendments to PIPEDA which will be of interest to Canadian businesses. Many of those changes would serve to formalize or clarify existing duties and exceptions under PIPEDA. Here is a quick summary of these other amendments… → Read More
Privacy Commissioner Releases New Online Behavioural Advertising Guidelines
Posted in E-Commerce, Privacy, Regulatory ComplianceThe Privacy Commissioner of Canada recently released new guidelines to assist organizations involved in online behavioural advertising (OBA) ensure that their practices are transparent and comply with the federal private sector privacy legislation. The guidelines are attention-span friendly, weighing in at three pages, with few surprises and largely high-level takeaways. The guidelines accept that OBA may be “considered a reasonable purpose under… → Read More
Striking the Balance between Privacy Interests and Commercial Use – SCC Denies Leave in Alberta Licence Plate Case
Posted in PrivacyYesterday, the Supreme Court of Canada denied leave to appeal in the case Alberta (Information and Privacy Commissioner) v. Leon’s Furniture Limited. At issue was whether Leon’s store policy, of recording the driver’s licence numbers and vehicle licence plate numbers of individuals picking up furniture, contravened Alberta’s private sector privacy statute. Leon’s had instituted the policy in order to deter,… → Read More
Supreme Court of Canada to Hear Employee Laptop Privacy Case
Posted in PrivacyDo employees have a reasonable expectation in employer-issued computers used for work purposes? The Supreme Court of Canada has agreed to weigh in on this issue – having recently granted leave to appeal the decision of the Ontario Court of Appeal in R. v. Cole. Why is this Case Important? The Ontario Court of Appeal decision is notable from a privacy… → Read More
Canadian Federal Government Revives Amendments to PIPEDA – Part I: What Canadian Businesses Need to Know About the Proposed Breach Notification Provisions
Posted in PrivacyIf the recently tabled Bill C-12 is enacted, organizations governed by Canada’s private sector privacy legislation will be required to notify the federal Privacy Commissioner of any material privacy breaches involving personal information. The Bill, Safeguarding Canadians’ Personal Information Act, is a copy of the previous Parliament’s breach notification bill, Bill C-29, which died on… → Read More
Network Breached? Then Report It – New SEC Guidance on Cybersecurity Disclosure Obligations
Posted in Privacy, Regulatory ComplianceIn light of the increasing rate of security breaches in industry and government, the US Securities and Exchange Commission (SEC) has issued guidelines encouraging public companies to disclose cyberattacks waged against them. The guidelines apply to both domestic US companies and foreign private issuers, and may therefore apply to Canadian companies registered in the US. What… → Read More
Do Not Track and Online Behavioural Advertising – Part II: Best Practices
Posted in Consumer Protection, E-Commerce, PrivacyWith the push from users and legislators towards DNT and with most browsers providing users with the choice of a DNT setting, it is important for businesses to be ahead of the curve. In addition to an organization’s existing policies and safeguards under the Personal Information Protection and Electronic Documents Act (PIPEDA), businesses should have… → Read More
Do Not Track and Online Behavioural Advertising – Part I: Coming to a Parliament Near You?
Posted in Consumer Protection, E-Commerce, PrivacyPrivacy versus personalized content – it is the tension that underlies online behavioural advertising (OBA), and increasingly that tension is threatening to snap. OBA is the practice of tracking consumer’s online activities in order to deliver targeted marketing. Businesses stitch together information, like the websites a consumer visits, the content a consumer views and the searches… → Read More
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