BLG is proud to be a platinum sponsor of the IAPP Canada Privacy Symposium 2019 taking place May 22-24 at the adjoining Metro Toronto Convention Centre (North Building) and InterContinental Hotel. Members of our Privacy and Data Protection Group and Cybersecurity Law Group will be speaking throughout the conference : 1. Dealing with Regulators I will be presenting on Wednesday May 22, 2 […] Read more
In a significant departure from its guidelines and decisions under the Personal Information Protection and Electronic Documents Act, the Privacy Commissioner of Canada introduced in an April 9, 2019 decision a requirement for an organization to obtain consent for outsourcing activities involving personal information to a service provider outside of Canada. In light of this significant change […] Read more
In December 2018, the United States Financial Industry Regulatory Authority issued a Report on Selected Cybersecurity Practices – 2018 to help broker-dealer firms improve their cybersecurity programs. The Report provides detailed recommendations for managing common cyber risks, and includes a list of core cybersecurity controls for small firms. The Report provides guidance that is consistent […] Read more
In the Fall 2018 Education Law Newsletter, BLG reported on the Ontario Court of Appeal decision in R. v. Jarvis. In that decision, a high school English teacher was acquitted of voyeurism for using a camera pen to surreptitiously film female students’ chests. On February 14, 2019, the Supreme Court of Canada unanimously reversed the Ontario […] Read more
Canada’s federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) imposes obligations on private sector organizations that suffer a breach of security safeguards affecting personal information under their control. Details of those obligations are set out in PIPEDA, the Breach of Security Safeguards Regulations and the guidance document titled “What you need to know about […] Read more
The Guardian published an article today called “Are you being scanned – How facial recognition technology follows you, even as you shop“. The article suggests that if you shop at certain malls, you may have been scanned and recorded by hidden cameras built into the centres’ digital advertising billboards. In the last year, there have […] Read more
A recent Ontario court decision clarifies the distinction between personal information and private information and confirms that the wrongful disclosure of personal information may not always amount to a violation of privacy. In Broutzas, 2018 ONSC 6315, the court refused to certify a proposed privacy class action involving the sale of new mother contact information […] Read more
On January 24, 2019, the Office of the Superintendent of Financial Institutions issued an Advisory setting out expectations for federally regulated financial institutions’ prompt (within 72 hours) reporting of technology and cybersecurity incidents. The Advisory will be effective on March 31, 2019. Federally regulated financial institutions should now take steps to prepare for compliance with […] Read more
In 2018, the Canadian Radio-television and Telecommunications Commission continued to enforce Canada’s Anti-Spam Legislation (commonly known as CASL) and issued an important information bulletin regarding the CASL provision that imposes indirect liability for CASL violations. In addition, the federal government issued a formal response to a parliamentary committee report on CASL. Read our bulletin on […] Read more
Last week, in R. v. Reeves, the Supreme Court of Canada clarified the law around an individual’s right to privacy in relation to shared devices, such as personal computers (Justices Côté and Moldaver wrote separate, concurring reasons). In holding that a third party cannot waive an individual’s rights under s. 8 of the Charter of Rights and […] Read more