Proposed Data Breach Regulations Under PIPEDA Published

On September 2, 2017, the federal government published the proposed regulatory text of the Breach of Security Safeguards Regulations (Regulations) made under the Personal Information Protection and Electronic Documents Act (PIPEDA). Interested persons have been invited to make representations on the Regulations. As previously reported, amendments to the PIPEDA enacted by the Digital Privacy Act…

Guidance for Organizations Sharing Information for Investigation/Fraud Purposes Issued by OPC

The Office of the Privacy Commissioner of Canada (OPC) recently provided guidance on the new provisions of the Personal Information Protection and Electronic Documents Act (PIPEDA) that allow organizations to share information for investigation and fraud prevention purposes. The amendments, in force since 2015, give organizations significant flexibility to address cyber-crime and fraud by allowing…

Procedural Power of Courts Not Constrained by PIPEDA

In Royal Bank of Canada v. Trang, the Supreme Court of Canada held that the Personal Information Protection and Electronic Documents Act (PIPEDA) does not interfere with the procedural powers of a court. The decision arose out of a situation in which past judicial interpretation and application of PIPEDA had impeded the ability of the…

Federal Privacy Commissioner Uses Ashley Madison Incident to Promote Good Information Governance

Organizations subject to Canadian privacy law should be aware that the Office of the Privacy Commissioner of Canada (together with the Australian Information Commissioner) recently issued a report on the 2015 breach of the Ashley Madison website – a breach that affected nearly 35 million individuals who had used the online dating site for adults…

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…

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…

Information Bulletins on Anti-spam Legislation Published

Two information bulletins have been published by the Canadian Radio-Television Communications Commission (CRTC) to help businesses better understand Bill C-28, the federal anti-spam legislation. The bulletins include, among other things, examples of acceptable practices. As previously reported, Bill C-28 enacts comprehensive anti-spam legislation and specifically amends the Personal Information Protection and Electronic Documents Act (“PIPEDA”)…

Hicks Morley Information and Privacy Post – 2011/2012

Dear Friends: It’s late August 2012, and here’s what’s on our minds. Our Information and Privacy Post is back. This edition contains 61 case summaries relating to the protection of confidential business information, electronic evidence, freedom of information, privacy, privilege and production. It has been a remarkable year. Canadian privacy law, in particular, has made…

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…