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British Columbia Employer Found Vicariously Liable for Data Breach

The Ontario Court of Appeal recently released a trilogy of decisions (Winder v. Marriott International, Inc., 2022 ONCA 815; Obodo v. Trans Union of Canada, Inc., 2022 ONCA 814; Owsianik v. Equifax Canada Co., 2022 ONCA 813)...more

Regulatory Obligations Concerning the Disposal of Outdated Hard Drives and Servers

The disposal of hardware in the wrong manner can leave an organization offside its regulatory obligations under privacy legislation. Depending on the residence of the individuals or entities whose personal data is stored by...more

Privacy Reforms Now Back Along with New AI Regulation

Understanding the Draft of the Consumer Privacy Protection Act and Artificial Intelligence and Data Act - On June 16, 2022, the Digital Charter Implementation Act, 2022 (DCIA) was introduced as Bill C-27. The DCIA will...more

A Key Step Towards the Right to Be Forgotten? Federal Privacy Laws and Internet Search Engines

In Reference re Subsection 18.3(1) of the Federal Courts Act (the Reference), the Federal Court of Canada held that the Personal Information Protection and Electronic Documents Act, SC 2000, c 5 (PIPEDA) applies to internet...more

Ontario Promises to Create Canada's First Provincial Data Authority

On April 30, 2021, the Government of Ontario introduced Building a Digital Ontario, the province's new digital and data strategy, which lays the foundation for Ontario to become "the world's leading digital jurisdiction."...more

Data Breach and Vicarious Liability for Employee Misconduct

It is not only hackers who pose a risk to an organization's information security; hostile insiders do as well. According to Verizon, an estimated 34 percent of data breaches involve internal actors. Hostile insiders may be...more

Meaningful Consent: An Evolving Standard under Canadian Privacy Law

As the digital landscape evolves, and the commoditization of personal information increases, expectations as to what constitutes appropriate consent for the collection, use and disclosure of personal information in Canada are...more

Recent Developments in Online Privacy Protections for Canadians

Forget you ever read this - The Office of the Privacy Commissioner of Canada (OPC) declared last Friday that existing privacy laws allow consumers to ask search engines to remove inaccurate search results and to request...more

Cyber-Security and the Rise of the Vigilante Hacker - Can illegally obtained data be used in a civil proceeding?

In the world of cyber hacks and leaks, there are two general categories of players: the fraudsters who steal data in order to obtain a profit, and the “hacktivists” who expose data, purportedly for the greater good....more

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