Cyber Risk Management: Legal Privilege Strategy – Part 1 of 2

Éloïse Gratton July 22, 2016

An organization’s cyber risk management activities may result in sensitive communications and documents that the organization’s personnel expect will remain confidential. Nevertheless, in many circumstances an organization may be legally obligated to disclose those communications and documents unless the organization is able to assert a legal right – called “legal privilege” – to not make […] Read more


Beyond Consent-based Privacy Protection: My submission in response to the OPC’s consultation on privacy and consent

Éloïse Gratton July 11, 2016 Consent

The Office of the Privacy Commissioner (OPC) has recently published a great discussion paper entitled “Consent and privacy” exploring potential enhancements to consent under PIPEDA. The OPC also launched a Consultation and Call for Submissions requesting input on its consent paper, asking whether legislative changes are required, and requesting comments  on solutions which would be helpful in […] Read more


Top Tips to Avoid Liability for Blogs and other Online Publications

Éloïse Gratton June 27, 2016

My partner David A. Crerar has recently published a bulletin entitled “Top Tips to Avoid Liability for Blogs and other Online Publications“. Many companies encourage employees to blog or otherwise engage customers through social media. While at times providing effective means of marketing to or educating customers and would-be customers, this practice exposes those writers and […] Read more


Right to be Forgotten – Recent Quebec Case (C.L. v. BCF Avocats d’affaires (2016))

Éloïse Gratton June 13, 2016

Quebec was the first province to enact a data protection law for the private sector, an Act respecting the protection of personal information in the private sector in 1993. This law is substantially similar to the federal law PIPEDA. The Quebec Commission d’Accès à l’Information (CAI), the government body responsible for the administration and enforcement of the Quebec law, […] Read more