Québec privacy law: Certain provisions of the Act to modernize legislative provisions as regards the protection of personal information take effect September 22, 2022
In our blog published October 12, 2021, we reported that Québec’s Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, had received assent. As we wrote at the time, a majority of the changes...
Federal Commissioner tables recommendations for privacy law reform
In the context of the Canadian Government’s plans to replace the current federal private sector privacy legislation in Canada – The Personal Information Protection and Electronic Documents Act (the “PIPEDA“), the Office of the Privacy Commissioner of Canada (the “OPC“) has...
David Krebs comments in IT World Canada article on data breach class action lawsuit
IT World Canada, “B.C. appeal court green-lights data breach class action lawsuit”
The article discusses a recent decision from the British Columbia Court of Appeal that upholds a lower court decision certifying a data breach class action lawsuit against a trust company: The decision caught the eye of Saskatchewan privacy lawyer David Krebs of...
New privacy law could apply to all non-profits – Ontario government launches consultations
On August 13, 2020, the Ontario Government (the “Government”) launched consultations on establishing provincial privacy legislation for the private sector. As one of the stated goals is to expand the scope and application of private sector privacy law to non-commercial organizations such...
Privacy Commissioners: Privacy laws not a barrier to effective COVID-19 response, emphasize compliance when using contact tracing apps
The COVID-19 pandemic has created an unprecedented challenge for federal and provincial governments and other public health organizations in Canada. To respond in a timely and effective manner, government organizations require greater access to, and an enhanced ability to use,...
Implementing Privacy by Design
“Privacy by design” (“PbD”) is not a new concept but one that has been receiving increasing attention and legal clout in Canada, Europe, and around the world. Broadly speaking, it requires designing a system or process in a manner that...
Canada’s Digital Charter Triggers Reframing of Consultation on Transborder Personal Data Transfers
In April of this year, as discussed in our previous blog posts, the Office of the Privacy Commissioner of Canada (“OPC”) called for changes to the way Canadian privacy law treats transborder personal data transfers, and commenced a consultation process....
Moving the Goalposts for Canadian Data: Federal Privacy Commissioner Changes Position on Cross-Border Transfers
A high profile data breach involving a US company, Equifax Inc.[i], and its Canadian subsidiary, Equifax Canada Co., along with the coming into force of the European Data Protection Regulation (“GDPR”), appear to be the driving forces behind the Office...
What Exemption? – Pitfalls and Stumbling Blocks in CASL and Privacy Compliance
The Canadian Anti-Spam Law (“CASL”) has been with us now for five years and it has been over 15 years since the Personal Information Protection and Electronic Documents Act (“PIPEDA”) came into force. Then why is CASL and privacy compliance...
IT service and infrastructure providers beware: Key guidance released by the CRTC regarding liability of intermediaries for CASL breaches
Background On November 5, 2018, the Canadian Radio-television and Telecommunications Commission (CRTC) issued new guidance for assessing intermediary liability under Section 9 of CASL. This guidance follows Notices of Violation issued by the CRTC on July 11, 2018 to Sunlight...
