Practice Area: Information, Data Security & Privacy

Ontario Budget 2019: Protecting What Matters Most – Key Human Resources Highlights

· 16 min read

On April 11, 2019, the Ontario government tabled its 2019 Budget, Protecting What Matters Most (Budget), and introduced supporting implementation legislation, Bill 100, the Protecting What Matters Most Act (Budget Measures), 2019 (Bill 100).

The Budget outlines key initiatives around broader public sector compensation, reforms within the healthcare sector, registered pension plans, freedom of information, and more. In this FTR Now, we highlight the proposals that are of particular interest to employers, benefits plan administrators and human resources professionals.

Supreme Court Privacy Case Affirms the Importance of School Safety

· 3 min read

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.

School Boards Take Note: Recent Developments of Interest

· 20 min read

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

· 2 min read

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

· 4 min read

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

· 3 min read

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

· 2 min read

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!

· 14 min read

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.

Chambers Canada 2019 Guide Recognizes Hicks Morley for Employment and Labour, Pensions and Benefits, and Privacy and Data Protection

Hicks Morley has been recognized in Chambers Canada 2019 Guide for Employment & Labour – Nationwide and Ontario, and Pensions & Benefits – Nationwide. The firm receives praise from clients for giving “sound advice and explaining things in a business-friendly way,” as well as for its “very strong bench” as well as its “technical expertise and promptness.”

Congratulations to our lawyers who have been recognized as notable practitioners in Chambers Canada 2019.