Privacy, Data Protection and Cybersecurity

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Privacy by Design and its current role in promoting trust in technology

OneTrust DataGuidance

David Krebs and Amanda Cutinha author an article for DataGuidance on Privacy by Design: Digital technology has and is continuing to transform the ways in which we interact with ourselves, each other, and the world at large. However, the benefits...

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Failure to prevent a data breach not equal to invasion of privacy: Ontario Court of Appeal shuts the door on “intrusion upon seclusion” tort

The Ontario Court of Appeal has released a new trilogy of cases regarding the privacy tort “intrusion upon seclusion.” Specifically, whether the privacy tort is available as against commercial entities collecting and storing clients’ personal information, where there was a...

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Amanda Cutinha quoted in Canadian Lawyer article on federal privacy law deficiencies

Canadian Lawyer

This article discusses how current Canadian privacy law lacks a clear governance framework for the collection and use of some personal information. Mobility data that is de-identified – stripped of markers revealing the identity of its source – and which...

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Privacy Commissioners call on Health Industry to phase out use of traditional fax and unencrypted email in shift to digital healthcare

On September 21, 2022, the Office of the Privacy Commissioner of Canada released a Joint Resolution of the Federal, Provincial and Territorial Privacy Commissioners and Ombudspersons with Responsibility for Privacy Oversight entitled Securing Public Trust in Digital Healthcare (the “Joint...

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A to-do list for incident response

Cybersecurity incidents and data breaches arise without notice. Your organization may have fallen victim to a cyberattack or you may have received notice from a supplier that they have been attacked. Or perhaps a key employee has lost an unencrypted...

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Tactical and strategic steps for successful cyber incident preparedness

To kick-off this year’s cyber awareness month, we wanted to present an article that would look back on the past year along with our experience counseling organizations, large and small across all sectors, through the ordeal of cyberattacks, data extortion...

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Cybersecurity for Canada’s financial institutions

In the Office of the Superintendent of Financial Institution’s (OSFI) first Annual Risk outlook for Fiscal Year 2022-2023, the OSFI identifies the most material risks which face federally regulated financial institutions (FRFIs). Among the financial risks that the OSFI identifies...

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Managing cybersecurity in M&A transactions: How to mitigate risk through due diligence

As companies have become increasingly technology-driven in recent years, a target’s cybersecurity posture has become a key focal point in the diligence process. The COVID-19 pandemic has made this concern particularly acute: notwithstanding that an increasingly large number of people...

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Takeaways on privacy breach risk assessment and data security programs: Alberta Privacy Commissioner issues breach report

On July 29, 2022 the Office of the Information and Privacy Commissioner of Alberta (the “OIPC”) issued its report on data breaches (PDF) (the “Report”). Alberta has been the leading Canadian jurisdiction with the most long-standing experience when it comes to reviewing,...

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David Krebs quoted in Canadian Lawyer article on Bill C-26

Canadian Lawyer, "‘Vital systems’ cybersecurity law’ will expand information sharing, protect organizations: lawyer"

In this article, David Krebs discusses Bill C-26, a two-part piece of proposed legislation which includes the Critical Cyber Systems Protection Act, and its effects: The proposed law would take requirements which already exist for banks under the Office of...

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