On July 10, 2020, the Supreme Court of Canada issued its decision in Reference re Genetic Non‑Discrimination Act, upholding the constitutionality of the impugned sections of the federal Genetic Non-Discrimination Act (Act) in a split decision. The constitutional question was raised in a reference by the Quebec government to the Quebec Court of Appeal, which…
Practice Area: Information, Data Security & Privacy
Addressing the Cyber Risks of Remote Work – Connection Risks
This is the third in a three-part series of concise posts geared to risk managers, legal counsel and executives in which we review the major risks associated with remote work and highlight typical controls.
Addressing the Cyber Risks of Remote Work – Personal Devices and Leakage
Based on all reports, the global pandemic and the resulting move to “work from home” has caused the cyber risk to organizations to elevate. As organizations move beyond the immediacy of the crises and begin to plan for the medium term, it is a good time to revisit cyber security and, in particular, the risks associated with increased reliance on remote work.
Addressing the Cyber Risks of Remote Work – Physical Security Risks
Based on all reports, the global pandemic and the resulting move to “work from home” has caused the cyber risk to organizations to elevate. As organizations move beyond the immediacy of the crises and begin to plan for the medium term, it is a good time to revisit cyber security and, in particular, the risks associated with increased reliance on remote work.
Ontario Proposes Regulations on Interoperability Specifications that Pertain to Digital Health Assets Selected, Developed or Used by Health Information Custodians under PHIPA
On May 22, 2020, Ontario’s Minister of Health (MOH) issued a notice of proposed regulation pertaining to interoperability specifications for digital health assets under the Personal Health Information Protection Act, 2004 (PHIPA). Under the proposed regulation, a “digital health asset” (DHA) means a product or service that uses electronic means to collect, use, modify, disclose,…
FOI Reconsideration Order Highlights Important Timing Issue for Ontario Institutions
On May 14th, 2020, the Information and Privacy Commissioner/Ontario dismissed a request for reconsideration based on an asserted change of circumstances, a somewhat common happening given the lengthy period of time it now takes to process a freedom of information appeal.
Ensuring a Successful Return to Work in a COVID-19 World
As governments start lifting orders and directives made under the Emergency Management and Civil Protection Act (or similar legislation in other jurisdictions), it is understandable that employers and employees alike are anxious to return to their ‘pre-COVID-19 normal’. However, in order to ensure a successful return to work during the largest pandemic in modern history, it is crucial that employers turn their minds to the unique labour and employment issues created by COVID-19 and reopen with a solid return to work plan in place.
Cloud E-mail Grievance Dismissed
Arbitrator Etherington recently dismissed a grievance that challenged a university’s decision to provide its faculty with cloud-based e-mail service.
Ontario Gives Hospitals More Flexibility in Respect of Credentialing Processes
On May 1, 2020, the Ontario government made a new temporary emergency order under the Emergency Management and Civil Protection Act which gives Hospitals more flexibility in respect of their credentialing processes.
Ontario Proposes Regulations on Reporting Obligations of Health Information Custodians under PHIPA and on Electronic Health Records
On May 2, 2020, Ontario’s Minister of Health issued notice of proposed regulations that (1) provide clarity on the existing reporting obligations of Health Information Custodians under the Personal Health Information Protection Act, 2004 (PHIPA) and (2) empowers Ontario Health to develop and maintain amalgamated Electronic Health Records (EHRs) while refining the rules relating to…