Hicks Morley’s Paul Broad was quoted in the December 19, 2011 edition of Canadian Lawyer magazine. In an article entitled “SCC says privacy commissioner was right to extend review period,” Paul comments on a recent Supreme Court of Canada decision that the Alberta Privacy Commissioner was reasonable in its decision to extend a statutory time…
Practice Area: Information, Data Security & Privacy
IPC/Ontario Issues Significant Order on Custody and Control of University Records under FIPPA
On November 7, 2011, the Information and Privacy Commissioner/Ontario (“IPC”) issued a significant order for Ontario universities. It held that the IPC has exclusive jurisdiction to decide whether a record is in the custody or control of a university in the context of an access request under the Freedom of Information and Protection of Privacy…
Proposed PIPEDA amendments re-introduced as Bill C-12
On September 29, 2011, the federal government introduced Bill C-12, Safeguarding Canadians’ Personal Information Act, which, if passed, will amend the Personal Information Protection and Electronic Documents Act (“PIPEDA“). Bill C-12 reintroduces Bill C-29 (previously reported here), which expired on the Order Paper when Parliament was proclaimed dissolved in March, 2011. Among other things,…
Personal information received on an unsolicited basis is not “collected”
The Information and Privacy Commissioner of Ontario issued a notable privacy investigation report this past summer under of the Municipal Freedom of Information and Protection of Privacy Act (the “Act“). The complainants complained, amongst other things, that the Municipality in issue had improperly collected their personal information contained in correspondence they sent to the Municipality,…
Anti-spam Regulation Proposed Under Bill C-28
On July 9, 2011, the federal government published proposed Electronic Commerce Protection Regulations under Bill C-28, the so-called “anti-SPAM” legislation. The proposed Regulations are administrative in nature and specifically provide definitions for terms used in Bill C-28, including “personal relationship” and “family relationship”. The Regulations also define the specific conditions under which consent would be…
School Board Update – Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
Court of Appeal Recognizes Employee Privacy Rights in Work Computer Subject to Employer Policy and Procedure
One week ago, the Ontario Court of Appeal issued a judgement that is very significant for its consideration of an employee’s expectation of privacy in personal information stored on a work computer. In R. v. Cole, the Court recognized an expectation of privacy in the specific circumstances of the case, but also demonstrated a willingness…
Ted Kovacs Quoted in Canadian Lawyer Magazine
Hicks Morley’s Ted Kovacs was quoted in the February 2011 edition of Canadian Lawyer Magazine, in the Legal Report: Labour & Employment section. The article, “Facebook is the new water cooler”, discusses the emerging caselaw dealing with the off-duty comment of employees in the context of social media: Is it free and fair speech? or…
C-28, formerly the “Fighting Internet and Wireless Spam Act“
As we reported, Bill C-28 (formerly the Fighting Internet and Wireless Spam Act), received Royal Assent on December 15, 2010, and will come into force on a day to be fixed by order of the Governor in Council. Bill C-28 was originally introduced with a Short Title, the Fighting Internet and Wireless Spam Act. At…
Ontario’s Accountability Bill Comes Into Force
Subject to the following exceptions, Bill 122, the Broader Public Sector Accountability Act, 2010, was proclaimed in force on January 1, 2011: the amendments to the Freedom of Information and Protection of Privacy Act (“FIPPA”), which come into force on January 1, 2012; and sections 5 to 16, dealing with the reporting of consultants and…