Earlier today, the Supreme Court released a landmark decision dealing with privacy on the Internet. The main issue in R v Spencer 2014 SCC 43 was whether a user of the Internet has a reasonable expectation of privacy in his or her basic subscriber information held by the user’s ISP that prevents the police from obtaining this information from the ISP without a warrant or court order. Prior to the decision some courts had ruled that ISPs could turn over subscriber contact details associated with the person’s IP address to police without a warrant or court order. The Court rejected this line of cases ruling that a person has a reasonable expectation of privacy associated with Internet activities and that the “lawful authority” exemption in PIPEDA does not create a basis to turn such information to the police.
Archive for the ‘Privacy’ category
Bill S-4, the Digital Privacy Act (An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act,) was given First Reading in the Senate today. The summary of the Bill describes the proposed amendments as follows:
The Supreme Court released a landmark decision today in the Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62 case. In short, the Court found that while Alberta’s privacy legislation PIPA plays a vital role in protecting privacy, it violated the Charter right to freedom of expression by precluding the use of personal information in the labour context. The ruling is an appeal from a decision the Alberta Court of Appeal, which is summarized here.
The headnote of the case reads as follows:
Last week I had the pleasure of listening to a great talk titled “Privacy: Getting Accountability Right” at the 2013 Compliance and Consumer Complaints Annual Conference organized by the Canadian Life and Health Insurance Asscoiation Inc. Taking place in sunny Vancouver (see below), the speakers were Barbara Bucknell of the Office of the Privacy Commissioner of Canada, Jill Clayton, Information and Privacy Commissioner, Alberta, and Elizabeth Denham, Information and Privacy Commissioner, British Columba.
Here is a summary of their remarks.
The first question addressed to each panelist was the trends they were seeing in relation to privacy in the insurance industry.
If privacy legislation significantly impairs Charter rights do privacy rights or Charter rights prevail? Specifically, does an individual’s right to privacy for publically crossing a picket line under Alberta’s comprehensive privacy legislation Personal Information Protection Act (PIPA) have to yield to a union’s right of free expression to film and disseminate that act under the Canadian Charter of Rights and Freedoms? This question was answered in the affirmative by the Alberta Court of Appeal in United Food and Commercial Workers, Local 401 v Alberta (Attorney General), 2012 ABCA 130. Earlier this week, the Supreme Court of Canada granted leave to appeal the decision (now styled Inforrmation and Privacy Commissioner, et al. v. United Food and Commercial Workers, Local 401, et al.)
Charter protects employees’ privacy in data stored on employer computers rules Supreme court in R v ColeOctober 21st, 2012
The Supreme Court released its reasons in R. v. Cole, 2012 SCC 53 on Friday. It confirmed that a person has a reasonable expectation of privacy in his personal computer, even if it is owned by his or her employer. A police search of the computer without a warrant violated the accused’s rights under the Canadian Charter of Rights and Freedoms. However, the evidence could nevertheless be admitted into evidence on the facts of the case.
The facts in R v Cole were summed up in the headnote of the case as follows:
The Supreme Court released its reasons in the A.B. v. Bragg Communications Inc., 2012 SCC 46 case yesterday. The main issue in the case was whether the privacy interests of a child to keep her identity anonymous in legal proceedings outweighed the open court principle.
The case arose from a 15-year-old girl finding out that someone had posted a Facebook profile using her picture, a slightly modified version of her name, and other particulars identifying her. Accompanying the picture was some unflattering commentary about the girl’s appearance along with sexually explicit references. The page was removed by the internet provider later that month.
Cloud computing is on the mind of many CIO’s these days. Its also on the mind of lawyers. Lawyers know contracting for cloud services can be difficult given the potential risks associated with these services. For regulated entities like Canadian financial institutions, a material public cloud transaction also poses serious OSFI compliance challenges. The standard form contracts of many cloud providers also contributes to the difficulties. For a survey of these terms, see Simon Bradshaw et al Contracts for Clouds: Comparison and Analysis of the Terms and Conditions of Cloud Computing Services.