Privacy prevails: The Supreme Court of Canada’s landmark decision regarding IP address privacy
On March 1, 2024, the Supreme Court of Canada released its decision in R v Bykovets, finding that IP addresses attract a reasonable expectation of privacy. Accordingly, corporations should take note that they have no legal obligation to provide the […]
Current status of AI policy developments in Canada and abroad
Ever since generative artificial intelligence (“AI”) technologies have been adopted on a large scale by both businesses and private users in 2023, regulators appear to have increased the speed and intensity of their efforts to propose regulations targeted at the […]
Meaningful consent and data protection of third-party apps: Federal Court dismisses Privacy Commissioner’s complaint against Facebook
On April 13, 2023, the Federal Court handed down its decision in a case brought by the Office of the Privacy Commissioner of Canada (the “OPC”) against Facebook Inc. (“Facebook”).[1] The case centers around Facebook’s obligations with respect to third-party […]
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 […]
Greenwashing in Canada: Enforcement and trends for 2023
Over the last several years, increasing demand from consumers for environmentally-friendly products and services has led to an increase in “greenwashing,” which involves the practice of conveying false, misleading, incomplete, or unsubstantiated information to consumers about a product or business’ […]
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 […]
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 […]
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 […]
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 […]
