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Privacy Commissioner Gearing Up for Tougher Enforcement
On September 21, 2017, in a press conference following the publication of his 2016-17 Annual Report to Parliament on the Personal Information Protection and Electronic Documents Act and the Privacy Act, the Privacy Commissioner (the “Commissioner”) announced his plans to...
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Mandatory Notification Requirements under PHIPA in force October 1, 2017
As set out in our previous Health Communiqué, amendments to the Personal Health Information Protection Act, 2004 (PHIPA) require mandatory notification to the Information and Privacy Commissioner/Ontario (IPC) if the circumstances surrounding a theft, loss or unauthorized use or disclosure...
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CASL Reprieve – Private Right of Action No Longer Imminent
By an Order in Council released June 7, 2017, the federal government has suspended the private right of action under Canada’s Anti-Spam Legislation (or “CASL”). The provisions, which were to come into force on July 1, 2017, would have provided...
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CASL, July 1, 2017 and Why You May Need to Purge Your Electronic Mailing List
You are likely getting a flurry of emails asking you to provide the sender CASL (Canada’s anti-spam legislation) consent. You got similar consent requests before July 1, 2014 when CASL first came into effect. Now you are getting more such...
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Update on Penalties Levied Against Companies for Spam
As reported in previous issues of this Newsletter, Canada’s Anti-Spam Legislation (“CASL”), which regulates the transmission of electronic messages, came into force on July 1, 2014. CASL applies to the transmission of commercial electronic messages (“CEMs”). CEMs include e-mails, text...
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Mandatory Notice Requirements under PHIPA and Public Consultation on Proposed Regulation Regarding Notices to the Commissioner
The Information and Privacy Commissioner (IPC) has always strongly encouraged health information custodians (HICs) to report privacy breaches to its office, particularly where they may have broader implications. Although the Personal Health Information Protection Act, 2004 (PHIPA) prescribes mandatory notification...
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Public Consultation on Proposed Regulatory Amendments to Make LHINs Health Information Custodians under the Personal Health Information Protection Act, 2004
The Patients First Act, 2016 (also known as “Bill 41”) was passed on December 7, 2016 and received Royal Assent the following day. A recent Health Communiqué, Patients First Act, 2016 Becomes Law in Ontario provides a summary of some...
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Privacy Commissioner Issues Report on Ashley Madison Cyber-Attack
This fall, the Office of the Privacy Commissioner of Canada (the “OPC”) and the Australian Privacy Commissioner released a joint report summarizing their findings following an investigation into the Ashley Madison cyber-attack. The report discusses the shortcomings of Ashley Madison’s...
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What Health Facilities Need to Know About QCIPA 2016
The Quality of Care Information Protection Act, 2016 (QCIPA 2016) is one step closer to becoming law. Bill 119, the Health Information Protection Act, 2016 (HIPA), passed third reading in the Ontario legislature on May 5, 2016. Once proclaimed into...
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Privacy Commissioner of Canada cracks down on Mobile Health Devices
This month, the Office of the Privacy Commissioner of Canada (“OPC”) has been examining Internet-connected or wireless health devices that collect data on individuals.[1] What the OPC is looking for is whether or not the companies that make, distribute or...
