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
BLG’s annual class actions update event is taking place on November 1, 2017, in Toronto. It is an opportunity to participate in lively and informative discussions on recent developments and trends in class actions today. I will be co-presenting with Patrick Hawkins on “Privacy and Cybersecurity – Keeping you awake at night?” Other topics include: Prevention is […] 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
My partner Brad Freedman recently published a short article on Legal Privilege for Data Security Incident Investigation Reports. Data security incident response activities usually involve the creation of sensitive communications and documents that might be subject to legal disclosure obligations unless they are protected by legal privilege. An organization’s ability to assert legal privilege over a communication […] 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
Auteure: Aya Barbach, étudiante au cours DRT-6929E-A Pour vivre heureux, vivons cachés… vivons déconnectés?! À l’heure actuelle, l’on dénombre pas moins de six milliards d’objets connectés dans le monde, un chiffre qui devrait doubler d’ici 2020. Mais qu’entend-on exactement par « objet connecté »? Ce sont des objets du quotidien qui sont dotés d’une connexion internet et peuvent […] Read more
Privacy class actions triggered by data breaches are growing in popularity in Canada, with more than 30 of them pending throughout the country. While none of these cases have yet been heard on their merits, some are being certified or authorized. The Superior Court of Quebec recently rendered judgment on a motion to authorize a […] Read more