Federal Privacy Commissioner Weighs In Against Sharing Details of Employee Discipline

In a recently released decision summary, the Office of the Privacy Commissioner of Canada (OPC) held that a bank acted properly in deciding not to tell the victim of unauthorized access precisely how it had punished its offending employee (Employee). The victim, the complainant in this case, was a neighbour of the Employee who happened…

Federal Government Consults on PIPEDA Data Breach Regulations

On March 4, 2016, the federal government posted Data Breach Notification and Reporting Regulations (Regulations) for public discussion. Amendments to the Personal Information Protection and Electronic Documents Act (PIPEDA) enacted by the Digital Privacy Act (Bill S-4) will, upon proclamation, require private sector organizations to notify the public in circumstances where security safeguards involving their…

Court Recognizes New Privacy Tort: “Public Disclosure of Embarrassing Private Facts”

In a case that can only add to the risk of privacy claims faced by organizations, the Ontario Superior Court of Justice recently awarded damages based on the new tort of “public disclosure of embarrassing private facts.” In Doe 464533 v N.D., the Court awarded damages to a plaintiff whose former boyfriend coaxed her to…

Workplace Law In Canada: A Primer

This Guide provides non-Canadians with an introduction to employment laws and regulations that affect businesses in Canada. It provides an overview of the main differences between Canadian and U.S. workplace laws. To obtain a copy please contact Knowledge Management.

Amendments to FIPPA/MFIPPA To Come Into Force January 1, 2016

Schedule 6 of the Public Sector and MPP Accountability and Transparency Act, 2014, which amends the Freedom of Information and Protection of Privacy Act and the Municipal Freedom of Information and Protection of Privacy Act, has been proclaimed into force effective January 1, 2016. Among other things, the amendments will: require institutions to ensure that…

Changes to Personal Health Information Privacy Legislation Introduced

On September 16, 2015, the Ontario government introduced Bill 119, Health Information Protection Act, 2015, which would amend the Personal Health Information Protection Act, 2004 (“PHIPA”) and repeal and replace the Quality of Care Information Protection Act, 2004 (“QCIPA”). With respect to PHIPA amendments, if passed Bill 119 would, among other things: require health custodians to…

Federal Post – First Edition

Dear Friends, We are excited to bring to you our first edition of the Federal Post, a newsletter designed exclusively for federally regulated employers. The Federal Post discusses issues that are topical, timely and important. It will cover the gamut of matters which impact your workplace, from human rights to minimum standards to labour relations…

BCCA Affirms Order Requiring Google to Render Domains Unsearchable

Last Thursday, the Court of Appeal for British Columbia issued an important decision in Equustek Solutions Inc. v. Google Inc. about the power of a domestic court to make orders against non-party, internet “intermediaries” – in this case, search engine provider Google. The matter involved an order made to help a network hardware manufacturer enforce…

CRTC issues $1.1 million penalty for 4 spamming violations under CASL

On March 5, 2015, the Chief Compliance and Enforcement Officer (“Officer”) at the Canadian Radio-television and Telecommunications Commission (“CRTC”) issued a Notice of Violation – including a $1.1 million penalty – to Compu-Finder for contravening Canada’s new anti-spam legislation, CASL. Compu-Finder was responsible for 26% of all complaints submitted to the industry sector’s Spam Reporting…