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
Auteure: Claire Farnoux, étudiante au cours DRT-6929E-A Depuis le mois de décembre 2014, le code criminel canadien prévoit une infraction de publication non consensuelle d’une image intime, en son article 162.1(1) visant « Quiconque sciemment publie, distribue, transmet, vend ou rend accessible une image intime d’une personne, ou en fait la publicité, sachant que cette personne n’y […] Read more
The January 2018 OPC finding and settlement of VTech data breach enforcement actions by the Privacy Commissioner of Canada and the United States Federal Trade Commission provide important guidance for data security and compliance with personal information protection laws. Most importantly, organizations should establish a comprehensive information security management framework. To read BLG’s bulletin on […] Read more
During 2017, the Canadian Radio-television and Telecommunications Commission continued to enforce Canada’s Anti-Spam Legislation (commonly known as “CASL”). The CRTC issued two enforcement decisions and announced one voluntary undertaking which we have summarized. In June 2017, the Canadian government indefinitely suspended the commencement of CASL’s private right of action, which would have allowed any individual […] Read more
The BLG annual thought leadership report is now available to download. The report provides the Canadian business community with deeper insight into the key trends and regulatory changes that will have legal implications in the year ahead. Top 10 Legal Risks for Business in 2018 features commentary from the firm’s lawyers on the many legal […] Read more
People are a major security risk. An organization can be vicariously liable for cyber incidents caused by its employees, whether acting negligently or maliciously, even if the organization is not at fault and could not have prevented the incident. An insider risk management program can help reduce, but not eliminate, insider risks. Organizations should establish […] Read more
Canada’s Anti-Spam Legislation (also known as “CASL”) came into force in July 2014 and provided that a review of its provisions and operation had to be undertaken three years after it came into force. The House of Commons Standing Committee on Industry, Science and Technology (“INDU”) undertook this review and held hearings this fall. On […] 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