Category: Privacy

COVID-19 and privacy: artificial intelligence and contact tracing in combatting the pandemicCOVID-19 and privacy: artificial intelligence and contact tracing in combatting the pandemic



COVID-19 is having a debilitating effect on people’s health and their economic well-being. People are being forced by social distancing/isolating edicts and provincial emergency closure orders to stay home. As we slowly look like we may be emerging from the first wave of this health and economic emergency, people are ...

OPC consultation on artificial intelligence: my submission to the consultationOPC consultation on artificial intelligence: my submission to the consultation



Here is my submission to the OPC consultation. ______________________________________________ Thank you for the opportunity to provide input into the OPC’s consultation on artificial intelligence (AI) as it relates specifically to the Personal Information Protection and Electronic Documents Act (PIPEDA). By way of introduction, I am a senior technology lawyer with McCarthy Tétrault.… ...

Privacy Law Reform: the OPC 2018-2019 Annual ReportPrivacy Law Reform: the OPC 2018-2019 Annual Report



The Office of the Privacy Commissioner of Canada just published the 2018-2019 Annual Report to Parliament on the Privacy Act and the Personal Information Protection and Electronic Documents Act. Unlike other reports, this report’s focus was on privacy law reform. In fact, it was so titled as Privacy Law Reform ...

OPC drops transborder transfer of data consultationOPC drops transborder transfer of data consultation



Earlier this year the Privacy Commissioner launched and then relaunched a consultation that caused shockwaves among privacy lawyers, the tech community, and just about every organization that has third parties process data for them. The OPC sought to change its longstanding interpretation of Canada’s privacy law, PIPEDA, to require the ...

OPC consultation on trans-border data flows: my submission to the consultationOPC consultation on trans-border data flows: my submission to the consultation



Dear M. Therrien: Thank you for the opportunity to provide input into the consultation on whether consent is or should be required for transborder data flows for processing. Introduction By way of introduction, I am a senior technology lawyer with McCarthy Tétrault.… ...

Developments in computer, Internet and e-commerce law: the year in review (2018-2019)Developments in computer, Internet and e-commerce law: the year in review (2018-2019)



I gave my annual presentation yesterday to the Toronto computer Lawyers’ Group on “The year in review in Computer, Internet and E-Commerce Law”. It covers the period from June 2018 to June 2019. The developments include cases from Canada, the U.S.… ...

OPC position on online reputation: search engines must de-index privacy violating personal informationOPC position on online reputation: search engines must de-index privacy violating personal information



Are search engines subject to PIPEDA? Should they be required to de-index web pages such as when information about an individual is inaccurate, incomplete or outdated, ;or when the linked to information is illegal? Should search engines be subject to a notice and de-indexing or demotion regime?… ...

Digital Privacy Act Security Breach Regulations: my representationsDigital Privacy Act Security Breach Regulations: my representations



Here are my representations sent to Jill Paterson, Senior Policy Analyst, Digital Policy Branch, Spectrum, Information Technologies and Telecommunications (SITT) Sector, Innovation, Science and Economic Development Canada, CD Howe Building, 235 Queen Street, Room 162D, Ottawa, Ontario K1A 0H5. ________________________________________________________ These are my representations on the draft Breach of Security Safeguards Regulations ...

PIPEDA privacy law given business friendly interpretation by Supreme Court: RBC v TrangPIPEDA privacy law given business friendly interpretation by Supreme Court: RBC v Trang



Canada’s federal privacy law, PIPEDA, was enacted to be one of our framework laws that would underpin our digital economy. It’s goal was to recognize the privacy rights of individuals and at the same time to recognize the legitimate needs of organizations to collect, use, and disclose personal information.… ...

Microsoft wins big in warrant fight to protect privacy of user dataMicrosoft wins big in warrant fight to protect privacy of user data



Microsoft scored a major victory for the privacy of its cloud computing users yesterday winning a closely watched case against U.S. Government. In Microsoft Corporation v USA (2nd.Cir. Jul. 14, 2016), the U.S. Second Circuit Court of Appeals held that a warrant issued under Section 2703 of the Stored Communications ...