2017
Legal News
The European Union General Data Protection Regulation – A Primer for Canadian Organizations
Éloïse Gratton October 20, 2017
The European Union General Data Protection Regulation (the “GDPR”), which will come into force in May 2018, is a significant evolution in personal data protection laws, and is materially different in important respects from the Canadian Personal Information Protection and Electronic Documents Act and similar provincial laws. The GDPR is complicated and nuanced, with permitted variances among European Union […] Read more
News
IAPP – Privacy. Security. Risk. 2017 (San Diego October 16-18)
Éloïse Gratton October 14, 2017
I will be attending the IAPP PSR 2017 annual event in San Diego (October 16-18) and presenting on the following topic “Learn From my Fail: Avoiding Privacy Program Snafus & Screw-Ups” with the following co-panelists: Lael Bellamy, CIPP/US, CPO, The Weather Channel Peggy Eisenhauer, CIPP/US, Founder, Privacy & Information Management Services Eloïse Gratton, Partner and National Co-leader, Privacy and Data Protection Jules […] Read more
News
B.C. Supreme Court Certifies National Class Action for Financial Institution Data Breach
Éloïse Gratton October 4, 2017
In August 2017, the British Columbia Supreme Court issued its decision in Tucci v. Peoples Trust Company, certifying a national class action lawsuit against Peoples Trust Company relating to a 2013 breach of customers’ personal information. The decision demonstrates how Canadian courts approach the certification of data breach class actions. Read more
News
The OPC Publishes its Report on Consent
Éloïse Gratton September 25, 2017
In May 2016, the Office of the Privacy Commissioner of Canada (OPC) published a discussion paper and launched a consultation on consent under the Personal Information Protection and Electronic Documents Act (PIPEDA) with the objective of identifying potential enhancements to the consent model and better defining the roles and responsibilities of the actors who could […] Read more
News
PIPEDA’s Breach of Security Safeguards Regulations now published and open for comments
Éloïse Gratton September 8, 2017
On June 15, 2015, Bill S-4, the Digital Privacy Act amended the Personal Information Protection and Electronic Documents Act (PIPEDA). Under new sections 10.1 through 10.3 which are not yet in force, the Digital Privacy Act introduces an explicit obligation to notify individuals in cases of breaches, and report to the Office of the Privacy […] Read more
Events News
Webinar: Complying with Canada’s Upcoming Breach Notification Requirements (August 29)
Éloïse Gratton August 10, 2017
I will participate, with Eduard Goodman, Global Privacy Officer for Cyberscout, at a webinar taking place on Tuesday, August 29, at 11 am PT / 2 pm ET on the management of cybersecurity breaches and notification requirements. The amendments to PIPEDA – through the Digital Privacy Act – will require private-sector organizations doing business in Canada to notify […] Read more
News
Settlement of Ashley Madison Data Breach U.S. Class Action Lawsuits
Éloïse Gratton August 10, 2017
In 2015, the Ashley Madison discreet affair website operated by Ruby Corp. (previously known as Avid Life Media) was subject to a cyber-attack by hackers who published the details (including sensitive personal information) of over 30 million Ashley Madison user accounts. The data breach resulted in a joint investigation by the Canadian and Australian Privacy […] Read more
Events News
Responsible Openness: What You Need To Know To Get Started Today – RDA Event September 18th
Éloïse Gratton July 29, 2017
I will be participating at the Responsible Openness: What You Need To Know To Get Started Today – RDA 10th Plenary Collocated Event taking place in Montreal on September 18, 2017. Research projects handling data come under scrutiny when they seek to obtain funding, with the principal investigator asked to present a responsible data management […] Read more
News
Mandatory Reporting of Privacy Breaches to the Information and Privacy Commissioner now required under the Personal Health Information Act
Éloïse Gratton July 12, 2017
In June 2016, the Personal Health Information Protection Act (PHIPA) was amended to require that custodians provide notice to the Information and Privacy Commissioner of Ontario if the circumstances surrounding a theft, loss or unauthorized use or disclosure met certain requirements. In June yhis year, the regulations setting out those circumstances were published and are […] Read more
News
Google Inc. v. Equustek Solutions Inc.: Supreme Court Gives the Green Light to Global Orders to Take Down Search Results
Éloïse Gratton July 5, 2017
The Supreme Court of Canada confirmed for the first time last week in Google Inc. v. Equustek Solutions Inc. that Canadian courts can order the worldwide removal of search results. Overview In a divided decision (7-2), the Court upheld an interlocutory injunction prohibiting Google from displaying the websites of a company which allegedly counterfeited another […] Read more
