Tag: Privacy

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.… ...

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Should they be required to de-index web pages such as when information about an individual is inaccurate, incomplete or outdated, ;or when the linked to information is illegal?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?… ...

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.… ...

Long arm of EU privacy law: CJEU judgment in Weltimmo v HatóságLong arm of EU privacy law: CJEU judgment in Weltimmo v Hatóság



The territorial reach and enforcement jurisdiction of European Union’s data protection law has become a lot more important these days following the decision of the Court of Justice in the Schrems case. In a case decided just a few days before Schrems, the same court gave Directive 95/46/EC a broad ...

Schrems, what the CJEU decided and why it is a problem for Canadian and other non-EU businesses (updated)Schrems, what the CJEU decided and why it is a problem for Canadian and other non-EU businesses (updated)



On October 6, 2015 the Court of Justice of the European Union (CJEU) released a bombshell, but not completely unexpected judgment, invalidating a decision of the European Commission that underpinned the EU-US privacy safe harbor. In Schrems v. Data Protection Commissioner [2015] EUECJ C-362/14 (06 October 2015), the CJEU held that supervisory ...

Digital Privacy Act: Important work still to be done by the INDU CommitteeDigital Privacy Act: Important work still to be done by the INDU Committee



The Digital Privacy Act (Bill S-4) will make significant changes to Canadian privacy law when it is enacted. The amendments to PIPEDA have been in the making since 2007 following the statutory review of PIPEDA by the Standing Committee on Access to Information, Privacy and Ethics.… ...

Internet users’ privacy and anonymity protected by Supreme Court: R v SpencerInternet users’ privacy and anonymity protected by Supreme Court: R v Spencer



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 ...

Google must comply with EU data protection laws including the right to be forgotten: Google v AEPDGoogle must comply with EU data protection laws including the right to be forgotten: Google v AEPD



In a bombshell opinion released earlier today, the CJEU ruled that Google Inc. is subject to EU data protection laws even where its servers are located outside of the EU. The Court ruled that when Google spiders the web and indexes the globe’s data, it is a processor with respect ...