British Columbia Supreme Court emphasizes the importance of contextual assessment when assessing privacy risks associated with information access requests
Introduction In Airbnb Ireland UC v Vancouver (City), 2023 BCSC 1137, the British Columbia Supreme Court (the “Court”) highlighted the privacy implications for companies and other parties who provide information to public bodies. Airbnb Ireland UC (“Airbnb”) applied for judicial […]
Fadi Amine and David Krebs discuss the top legal issues around the use of Generative AI
The increasing adoption and popularity of ChatGPT and other AI tools in white collar work, and our personal lives, raises a number of legal issues businesses should be aware of. Lexpert TV interviews Fadi Amine and David Krebs about what […]
Mobile apps: What businesses should know a year after the Tim Hortons data tracking scandal
Many businesses are tapping into the digital economy by creating mobile apps to enhance customer experience, build brand awareness, and boost marketing outcomes, which often includes collecting (sometimes very detailed) information from users. However, creating and deploying these apps comes […]
AI poses new threats to cybersecurity: How Canadian boards can navigate the evolving cyber risk landscape to stay ahead of the curve
The cybersecurity threat landscape is currently at a time when new threats are continuing to emerge, not the least of which are risks related to the use of artificial intelligence (AI), specifically generative AI. In response, there is increasing pressure […]
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 […]
Tackling privacy and cybersecurity challenges as critical parts of ESG success
Privacy and cybersecurity have evolved to take on major socio-political implications in recent years. Cybersecurity is currently one of the most serious enterprise risks facing Canadian businesses. It is also one of the greatest threats to national security and global […]
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 […]
2022 Year in Review – legal updates in Canadian marketing, advertising and product compliance
2022 proved to be an interesting year in the advertising, marketing and product compliance space in Canada. From changes to labelling requirements for foods and natural health products, amendments to Canada’s Competition Act to address drip pricing, an increased focus […]
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 […]
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 […]