2016
News
Beyond Consent-based Privacy Protection: My submission in response to the OPC’s consultation on privacy and consent
Éloïse Gratton July 11, 2016
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
News
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
Events Legal
Automotive Industry: Privacy Risks and Opportunities
Éloïse Gratton June 15, 2016
Borden Ladner Gervais hosted its annual Automotive Industry Seminar on June 8th, which focused on the latest in legal developments, trends and strategies. Designed to be interactive, this annual seminar allows for open participation through Q&As. The session was moderated by Bob Love with opening remarks by Andrew Harrison. I presented, for the first time, on “Privacy […] Read more
News
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
News
The Consent Exception for Research Purposes
Éloïse Gratton June 3, 2016
A few days ago, I published a short piece on Big Data Analytics: Is Consent Required? While I discuss different data flow scenarios and whether consent should be a requirement under each scenario, I don’t address the consent exception for research purposes. This exception which can be found under each Canadian private sector data protection law is […] Read more
News
Cybersecurity Guidance from Investment Industry Organization
Éloïse Gratton May 27, 2016
My partner Brad Freedman published a Bulletin on Cybersecurity Guidance from Investment Industry Organization. Cyber risk management is an increasingly important challenge for organizations of all kinds. The Mutual Fund Dealers Association of Canada, the national self-regulatory organization that oversees mutual fund dealers in Canada, has published a Cybersecurity bulletin to help its members manage […] Read more
Legal News
Big Data Analytics: Is Consent Required?
Éloïse Gratton May 25, 2016
Borden Ladner Gervais LLP sponsored a great panel at the IAPP Canada Privacy Symposium 2016 which took place in Toronto on May 11th. The panel was entitled “Business Analytics and Privacy-related Risks”. Many attendees have since contacted me to obtain our slides so I have decided to share them through this blog and summarize some of the […] Read more
Legal News
Forget about bringing the ‘right to be forgotten’ to Canada
Éloïse Gratton May 9, 2016
The Office of the Privacy Commissioner of Canada recently chose to make reputation and privacy one of its priorities for the next five years and has launched a consultation in which it asks if there is a way to apply a “right to be forgotten” in Canada. This is the “right” famously coined by the […] Read more
News
IAPP Canada Privacy Symposium 2016: Business Analytics and Privacy-Related Risks
Éloïse Gratton May 3, 2016
Borden Ladner Gervais LLP is sponsoring a great panel at the IAPP Canada Privacy Symposium 2016 taking place in Toronto on May 11th. The panel is entitled “Business Analytics and Privacy-related Risks” and will be moderated by John Russo, CPO, Equifax Canada. Panelists include Sepideh Alavi, Lawyer, Borden Ladner Gervais, Paul Plofchan, CIPP/US, CPO, ADT and myself. We will […] Read more
News
Challenges with the Implementation of a Right to be Forgotten in Canada
Éloïse Gratton April 28, 2016
I am filing today with Jules Polonetsky, CEO of Washington based Future of Privacy Forum, a joint-submission paper to the Office of the Privacy Commissioner of Canada (OPC), as part of their consultation and call for essays on online reputation ending today (April 28, 2016). The OPC has recently chosen reputation and privacy as one of its priorities for the […] Read more