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Managing privacy and cyber risks during a pandemic

In a recent announcement, the Office of the Privacy Commissioner of Canada (OPC) reaffirmed its commitment to protecting Canadians’ privacy during the COVID-19 outbreak, stating that, “[d]uring a public health crisis, privacy laws still apply, but they are not a barrier to appropriate information sharing.” Other privacy commissioners throughout Canada have made similar statements. Given […] Read more

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Comments on the OPC Consultation on Artificial Intelligence

On January 28, 2020, the Office of the Privacy Commissioner of Canada (OPC) published its Consultation on the OPC’s Proposals for ensuring appropriate regulation of artificial intelligence (Consultation Paper). The Consultation Paper sets out several proposals for how the federal Personal Information Protection and Electronic Documents Act (PIPEDA) could be reformed, in the words of the OPC, “in order […] Read more

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New book: Managing Privacy in a Connected World

Our new privacy book Managing Privacy in a Connected World (co-authored with Elisa Henry) is out! It deals with cutting-edge technologies (AI, blockchain, connected devices, IoT, targeted advertising) and new legal risks (digital consent, cyber, competition, online reputation, GDPR, privacy class actions, etc). This book would have not been possible without the help and expertise […] Read more

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Privacy Commissioners’ Report of Findings on Aggregate IQ : Challenges with Position on Service Providers’ Obligations

On November 24, 2019, the federal Office of the Privacy Commissioner of Canada (OPC) and the Office of the Privacy Commissioner of British Columbia (BC OIPC) released their report of findings (the Report) arising from their joint investigation of Aggregate IQ Data Services Ltd (AIQ). Before the investigation, AIQ processed personal information as a service provider to […] Read more

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CASL Enforcement Action – $115,000 in Penalties for Distributing Malware

On December 10, 2019, the Canadian Radio-television and Telecommunications Commission issued a notice of violation under Canada’s Anti-Spam Legislation (commonly known as “CASL”) against two individuals operating Orcus Technologies for allegedly aiding the installation and operation of malware known as “Orcus RAT”. The notice imposes $115,000 in penalties. Read our bulletin on this topic. Read more

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IIROC Imposes Mandatory Reporting of Cybersecurity Incidents for Regulated Investment Firms

On November 14, 2019, the Investment Industry Regulatory Organization of Canada (IIROC) – the national self-regulatory organization that oversees investment dealers and their trading activity in Canadian markets – published a notice of amendments to its Rule 3100 and Rule 3703 to require mandatory reporting of cybersecurity incidents by IIROC-regulated investment firms. The amended rules, […] Read more

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Mandatory Breach Reporting: Lessons From Year One

The federal Privacy Commissioner (OPC) recently published a blog post detailing certain trends that have emerged in the first year since mandatory breach reporting came into effect for organizations subject to the Personal Information and Electronic Documents Act (PIPEDA), as well as certain tips for organizations for responding to a breach. On November 1, 2018, breach reporting in certain […] Read more