On Friday, October 16, 2015, the Article 29 Working Party (“WP29”) released a statement on the decision of the Court of Justice of the European Union (“CJEU”) in the case Schrems v Data Protection Commissioner (C-362-14), the landmark decision which invalidated the decision of the European Commission underpinning the Safe Harbour framework by which personal information was permitted to move from the EU to the United States.… Continue Reading
On October 6, 2015, the Court of Justice of the European Union (“CJEU”) declared that the US-EU Safe Harbour framework is invalid, striking it down in the highly anticipated case of Schrems v. Data Protection Commissioner. The decision is effective immediately, with far-reaching and widespread implications for entities with multinational data flows.
Since EU data protection laws purport to apply to the processing of personal data regardless of whether the individuals affected are EU citizens or not, or are physically present in the EU or not, the potential impacts of this decision go beyond those organizations with … Continue Reading
In the recent decision of Doe v Her Majesty The Queen, 2015 FC 916 (“Doe”), the Federal Court granted conditional certification of a class action brought on behalf of members of the Marihuana Medical Access Program (“MMAP“). This conditional certification is notable as it, alongside the recent case Evans v. Bank of Nova Scotia (“Evans“), is one of the few class actions certified in Canada relating to breaches of privacy. Particularly of interest is the Plaintiffs’ allegation that the Defendant committed the tort of intrusion upon seclusion and of publicity given to private … Continue Reading