On January 26, 2018, the Office of the Privacy Commissioner of Canada (“OPC”) published its Draft Position on Online Reputation in conjunction with a Notice of Consultation and Call for Comments on this position. This Draft Position follows a 2016 consultation and call for essays on this subject. In this Draft Position, the OPC proposes […] Read more
Last Friday, the Office of the Privacy Commissioner of Canada (OPC) published its Draft Position on Online Reputation. In this Draft Position, the OPC articulated the view that the Personal Information Protection and Electronic Documents Act (“PIPEDA”) already include a de-indexing right – allowing individuals to request that search engines de-index results with respect to their […] Read more
The Law Commission of Ontario (LCO) which is Ontario’s leading law reform agency has started public consultations in relation to its Defamation Law in the Internet Age project. It is therefore seeking input from technology lawyers. Their project considers how defamation law should be updated to account for “internet speech,” including social media, blogs, internet platforms and digital […] Read more
J’enseignerai, pour une sixième année consécutive, le cours DRT-6929E-A, un cours portant sur le droit des TI et de la protection des renseignements personnels à la Faculté de droit de l’Université de Montréal. Le cours est offert aux étudiants à la maîtrise et se déroule tous les mercredis de 16h à 19h, du 10 janvier […] Read more
In the recent seminal decision R. v. Marakah, 2017 SCC 59, the Supreme Court of Canada (the “SCC”) established that Canadians have a reasonable expectation of privacy in the text messages they send, even after they have been received by the recipient. The majority opinion, which led 5-2 but with heavy dissent, recognized the privacy implications […] Read more
On October 19, 2017, the Canadian Securities Administrators (“CSA”) published Staff Notice 33-321 Cyber Security and Social Media to report on a survey of cybersecurity and social media practices by firms registered to trade securities or to advise clients regarding securities, and to provide guidance regarding cybersecurity and social media practices. The Staff Notice supplements the CSA’s […] Read more
The CBA Access to Information and Privacy Law Symposium is taking place this year on Oct. 27-28, 2017 at the Fairmont Chateau Laurier Hotel, 1 Rideau St. in Ottawa. I will be moderating a “Canadian Update” panel (1.5 substantive hours) with the following speakers: Me Jean Chartier, Président de la Commission d’accès à l’information du […] Read more
The 2017 IT.CAN 21st Annual Conference is taking place on October 23–24, at the St. Andrew’s Club and Conference Centre 150 King St. West, 16th Floor, Toronto. I will participate on a panel entitled “Legal Control of Internet Content: Who Decides and What is the Impact?” with co-panelists Curt Howard, Head of Legal, Google Canada […] Read more
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
The Government of Canada published today an Order in Council P.C. 2017-0580, indefinitely suspending the effective date of the private right of action under Canada’s Anti-Spam Legislation (CASL). The Precis for the Order in Council explains that purpose of the Order is to delay the coming into force date of the private right of action […] Read more