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Posted in: Privacy | Court Decision | Data Security/Privacy

Insights TheSpotlight
Texting and the Expectation of Privacy By Donald B. Johnston Dec 11, 2017 The Supreme Court of Canada published an important judgment on December 8, 2017, concerning whether or not Canadians have the right to expect that their texting conversations will remain private. Interestingly, the judgment of the court was split – which shows that even the cleverest lawyers can ...

Posted in: Privacy | Data Security/Privacy

Insights TheSpotlight
Equifax Breach - The Breach That Will Keep on Giving By Paige Backman and Meghan A. Cowan Sep 14, 2017 At this point, if you haven’t heard of the Equifax data breach, it could only be because you have rightfully been glued to the coverage of (or living through) Hurricane Irma, Harvey or Jose. On September 7, 2017, Equifax revealed that it was the subject of a cybersecurity breach over the s...

Posted in: Data Protection | Privacy | Data Security/Privacy

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Ontario Court of Appeal Established New Privacy Rights – Utility Consumption Data and Grow Ops By Paige Backman Aug 21, 2017 If you are a utility monitoring consumption data, think twice before providing any of that information to the police. You may need to ensure the police first provide you with a warrant or other judicial authorization specifically requesting the information. The Ontario Court of Appeal, distinguis...

Posted in: Privacy

Insights TheSpotlight
Recent Changes to Ontario’s Personal Health Information Protection Act By Meghan A. Cowan Aug 17, 2017 There have been a number of new changes introduced with respect to Ontario’s Personal Health Information Protection Act (“PHIPA”). The Ontario government filed a new regulation on June 29, 2017 (Ontario Regulation 224/17 -- the “New Regulation”). The New Re...

Posted in: Privacy

Insights TheSpotlight
Legal Update: New Civil and Criminal Consequences for ‘Revenge Porn’ By Meghan A. Cowan Aug 10, 2017 There have been many cases in the media lately about ‘revenge porn’ or nonconsensual pornography – the explicit portrayal of an individual without their consent. Examples include the recent Hollywood celebrity phone hacking scandal (where nude pictures of various female celebrit...

Posted in: Privacy | CASL

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Government of Canada Suspends Private Right of Action Provision By Paige Backman Jun 08, 2017 Every once in a while, my faith in common sense is restored just a bit. Yesterday, the Government of Canada, through Order in Council, suspended the provision of Canada’s Anti-Spam Legislation (“CASL”) that enabled a private right of action to be brought as of July 1, 2017. ...
Password Misery! By Donald B. Johnston Oct 18, 2016 We all hate passwords. Anyone who says s/he doesn't is fibbing.I had an experience recently, while at the International Bar Association conference in Washington, that renewed my hatred for passwords. The word "hatred" is inadequate to express how I actually feel about passwords - it's more like t...
Connected Vehicles and Privacy By Donald B. Johnston Aug 25, 2016 I have read a lot of stuff lately about the so-called dangers of connected cars and the inevitability that my car is going to kidnap me and drive me to a dark place and dump me. I'll be lucky to survive, apparently.That's okay; I'm from Hamilton. I've been driven to dark places and dumped before....
How the European Union Uses Data to Prevent Crime By Donald B. Johnston Jun 01, 2016 It seems to me - although I have no evidence of this - that the European view on privacy differs somewhat from the view in Canada, which in turn differs from the view in the U.S. I have the impression that people in Europe, especially in the U.K., are quite comfortable with the idea of CCTV camer...
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