Yesterday, the Supreme Court of Canada held that a teacher committed the crime of voyeurism by surreptitiously recording images of female high school students. In finding that the students had a reasonable expectation of privacy, the Court relied on the trust imposed on teachers and the need for a safe and orderly school environment – a positive for school boards.
Practice Area: Information, Data Security & Privacy
School Boards Take Note: Recent Developments of Interest
In this Update, we discuss a recent decision of Arbitrator Nyman with respect to what constitutes a collective agreement and which re-affirms the longstanding principle that the interpretation of a collective agreement is first to be based on the plain and ordinary meaning of the written words. We also discuss a topical case with respect to a grievor’s obligation to produce arguably relevant medical documentation in the context of a grievance arbitration – notwithstanding the contractual restrictions that may exist.
Significant New Incident Reporting Requirement for Federally Regulated Financial Institutions
The Office of the Superintendent of Financial Institutions (OSFI) has recently issued an advisory of significance to federally regulated financial institutions (FRIFs). Beginning on March 31, 2019, FRFIs will be required to report material technology or cyber incidents to OSFI. An incident is defined as follows: a technology or cyber security incident is defined to…
IPC Publishes Guidance for School Boards on Their Obligations Under MFIPPA
The Information and Privacy Commissioner of Ontario (IPC) has published A Guide to Privacy and Access to Information in Ontario Schools (Guide). The Guide provides a succinct overview of a school board’s responsibilities under the Municipal Freedom of Information and Protection of Privacy Act (MFIPPA or Act). The Act obliges school boards to protect individual privacy and maintain the freedom of information for records in their custody or control. The Guide provides particularized examples from IPC decisions concerning school boards.
CRTC Publishes Guidance on Indirect Contraventions of Canada’s Anti-Spam Law
On November 5, 2018, the CRTC published its Compliance and Enforcement Information Bulletin CRTC 2018-415 (Bulletin), which is a guideline regarding the prohibition against facilitating spam under Canada’s Anti-Spam Law (CASL). Section 9 of CASL imposes prohibitions and penalties for activities that facilitate the contravention of the anti-spam provisions in sections 6-8. The non-facilitation prohibition…
Reminder: Mandatory Data Breach Notification in Force on November 1, 2018
As we previously reported, as of November 1, 2018, the Personal Information Protection and Electronic Documents Act (PIPEDA) will require notification to affected individuals and the federal Office of the Privacy Commissioner (OPC) when a security incident involving personal information results in a “real risk of significant harm.” The supporting regulations published March 27, 2018…
Welcome Back to School!
With this edition of our School Board Update, we’d like to welcome you back to a new school year. In this Update, we discuss a recent policy of the Ontario Human Rights Commission with respect to accessing education for students with disabilities, which notes that while advances have been made in this area, there is still much work to be done.
Universities and Publicly-Assisted Colleges Take Note: Ontario Government Announces New Requirement for Free Speech Policy
On August 30, 2018, the government of Ontario announced that as of January 1, 2019, all universities and publicly-assisted colleges will be required to have a free speech policy that meets a minimum standard specified by the government…
Privacy Rules Around Non-Disclosure of Administrative Records Declared Unconstitutional
The Ontario Superior Court of Justice recently held that the Ontario Freedom of Information and Protection of Privacy Act (FIPPA) violates section 2(b) of the Canadian Charter of Rights and Freedoms (Charter), finding that it goes too far to protect the privacy of parties, witnesses and others in matters heard by the Ontario Human Rights Tribunal, Ontario Labour Relations Board and other statutory tribunals. Learn more in this FTR Now.
Ontario Implements Anti-Racism Act Regulations
On April 20, 2018, the Ontario government filed regulations under the Anti-Racism Act, 2017 (ARA) setting out personal information that certain public sector organizations (PSOs) will be authorized or required to collect under the ARA for the purpose of eliminating systematic racism.