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

Insights TheSpotlight
New Notification Requirements for Data Breaches By Stephen Crawford Apr 13, 2018 As of November 1, 2018, if your organization suffers a data breach, new reporting requirements will be in place that may require you to notify consumers and the Privacy Commissioner of the breach – or else face a fine of up to $100,000.

Posted in: Data Security/Privacy

Insights TheSpotlight
Phishing Risk Deemed Sufficient in Alberta to Trigger “Real Risk Of Significant Harm” Threshold By Steve J. Tenai Mar 13, 2018 Since 2010, Alberta’s Personal Information Protection Act (“PIPA”) requires private sector organizations to notify the Office of the Information and Privacy Commissioner (“OIPC”) of a breach of personal information where a “reasonable person would con...

Posted in: Data Security/Privacy

Insights TheSpotlight
Cybersecurity Disclosure Guidance for Public Companies By Steve J. Tenai Mar 01, 2018 On February 21, 2018, the United States Securities and Exchange Commission issued interpretive guidance on cybersecurity disclosure obligations for public companies subject to U.S. securities laws. The Guidance underscores that public companies should inform investors about material cybersecurity...

Posted in: Data Security/Privacy

Insights TheSpotlight
Embracing Artificial Intelligence at Your Law Firm 3 Keys to Successfully Introducing AI By Aaron Baer Jan 05, 2018 Advances in technology are transforming entire industries: Airbnb and Uber have wreaked havoc on the hotel and taxi industries; Netflix and online-streaming have turned the media industry on its head; self-driving cars are set to revolutionize the automotive industry.

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

Insights TheSpotlight
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: Data Security/Privacy | CASL | GDPR | Data Protection

Insights TheSpotlight
With All Eyes Turned to CASL, is Anyone Paying Attention to GDPR? With Less Than One Year Before GDPR Takes Effect, Make Sure Your Organization is Ready By Paige Backman and Aaron Baer Jul 21, 2017 In early June, the Government of Canada came to its senses by suspending the provision of Canada’s Anti-Spam Legislation (“CASL”) that would have enabled a private right of action to be brought as of July 1, 2017. While this decision provided temporary relief to businesses who f...

Posted in: Data Security/Privacy | Data Protection

Insights TheSpotlight
Cyber Security, Risk, Response and Cyber Insurance By Paige Backman, Aaron Baer and Monica Carinci Jul 10, 2017 Relying on cyber infrastructure to operate has become fundamental to most businesses. Critical infrastructure, such as the power grid, hospitals, emergency response, water and transportation (land, water and air) rely heavily on cyber infrastructure that is often networked with many other systems...

Posted in: Data Security/Privacy | Data Protection

Insights TheSpotlight
OEB Provides First Look at Proposed New Cyber Security Framework By Gaurav Gopinath and David Stevens Jun 16, 2017 In December 2015, the lights blinked out across multiple provinces in the Ivano-Frankivsk region of Ukraine. Nearly a quarter of a million people lost power. Shortly after power was restored, Ukraine’s Computer Emergency Response Team announced they had identified the root cause: a cyb...

Posted in: Data Protection | Data Security/Privacy

Insights TheSpotlight
Report Indicates that Most Small Businesses Are Not Prepared for a Cyber Incident Jun 06, 2017 According to a May 2017 report by U.S. data firms Advisen and Experian, “seventy-five percent of insurance brokers and legal experts noted that their small business clients were either ‘not prepared at all’ or ‘not very well prepared’ to respond to a cyber incid...

Posted in: Data Security/Privacy | Data Protection

Insights TheSpotlight
Cybersecurity and Ransomware: Understanding Cyber Threats, Monitoring Data Leakage and Monitoring Reputational Damage By Aaron Baer Jun 05, 2017 Organizations around the world were recently (and rather rudely) reminded of their data vulnerability when WannaCry unleashed its international ransomware attack that seized data remotely and demanded a ransom for its release. This attack provided an important reminder of the risks associated wit...

Posted in: Sports | Data Security/Privacy

Insights TheSpotlight
Getting Fit… Legally – How to Manage Your Legal Risk as a Fitness Business Owner By Fiona Brown May 18, 2017 It is no surprise that there are many challenges to running a fitness business. One aspect which often troubles fitness business owners is how to go about ensuring compliance with all the different legal requirements that come with having employees and customers. As a client service industry, a f...

Posted in: Data Security/Privacy

Insights TheSpotlight
Another Reminder to Comply with CASL: The CRTC Imposes $15,000 Penalty for Non-Compliance By Amy Marcen-Gaudaur and Aaron Baer Apr 19, 2017 Canada's Anti-Spam Legislation ("CASL") creates a comprehensive regime designed to prohibit, among other things, unsolicited or misleading commercial electronic messages (including emails).As previously reported on The Spotlight, on July 1, 2017, CASL will introduce a new method for its enforceme...

Posted in: Data Security/Privacy | Upcoming Events

Insights TheSpotlight
Complimentary Webinar: Canada's Anti-Spam Legislation (CASL) - Are You Prepared for July 1? Apr 04, 2017 Join us for a complimentary webinar.Canada's Anti-Spam Legislation (CASL) - Are You Prepared for July 1?Date: Wednesday, April 19, 2017Time: 9:00 - 10:00 a.m. ETOverview:Some of the most significant changes to Canada's Anti-Spam Legislation (CASL) will take place in a few months. On July 1, 2017,...

Posted in: Data Security/Privacy

Insights TheSpotlight
Data Security & Employee Turnover: How to Protect Your Data When Employees Leave By Amy Marcen-Gaudaur and Aaron Baer Mar 27, 2017 Employee turnover is an unavoidable reality for nearly all businesses. In addition to creating a number of financial and logistical difficulties, employee turnover also raises a number of data security issues. Chief among these issues is data protection upon employee departure. Unfortunately, it ...

Posted in: Data Security/Privacy

Insights TheSpotlight
July 1, 2017 - Private Right of Action Under Canada's Anti-Spam Law (CASL) - The Day Businesses Shake Their Head By Paige Backman Mar 01, 2017 If you've heard anything about CASL lately, you are aware that as of July 1, 2017, individuals and organizations are entitled to bring a "private right of action" in the courts against those that contravene certain provisions of Canada's Anti-Spam Law ("CASL"). Potential damages of up to $1 milli...

Posted in: Data Security/Privacy

Insights TheSpotlight
Employee Surveillance By Michael F. Horvat Feb 28, 2017 The continuous development of more sophisticated and cheaper technology effectively permits companies to have constant connectivity to their equipment, allowing management to monitor the use and allocation of company assets in virtual real-time. The installation of GPS tracking and other telemati...

Posted in: Data Security/Privacy

Insights TheSpotlight
Employee Behaviours and IT/Cyber Risk - A Webinar Recap Feb 27, 2017 On February 15, our Privacy and Data Security and Technology lawyers, Paige Backman, Meghan Cowan and Donald Johnston, hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks.While most of us ...

Posted in: Data Security/Privacy

Insights TheSpotlight
Employee Behaviours and IT/Cyber Risk - Questions and Answers Feb 27, 2017 On February 15, our Privacy and Data Security and Technology lawyers hosted a webinar on Employee Behaviours and IT/Cyber Risk. They discussed the biggest risks to IT systems, what those risks are, and how to mitigate those risks.Throughout the webinar, a number of important questions were asked....

Posted in: Data Security/Privacy

Insights TheSpotlight
Are You Compliant With Canada's Anti-Spam Law (CASL)? If Not, Expect Lawsuits Starting on July 1 of This Year By Aaron Baer Feb 23, 2017 Individuals and organizations will soon be able to pursue a private right of action under Canada's Anti-Spam Law ("CASL"), and you can be sure class action lawyers are salivating at the prospects.Currently, CASL is enforced by three federal agencies: (i) the Canadian Radio-television and Telecomm...

Posted in: Data Security/Privacy

Insights TheSpotlight
The Expectation Gap: What Do Your Customers Expect When It Comes to the Security of Their Personal Information By Amy Marcen-Gaudaur and Aaron Baer Feb 16, 2017 Customers frequently disclose personal information in order to engage with online retail, banking and social media platforms. However, a recent report by Gemalto (the "Report") reveals that customer expectations regarding responsibility for personal data security place a greater burden on the org...

Posted in: Data Security/Privacy

Insights TheSpotlight
Will Trump Trump Privacy? By Paige Backman Dec 02, 2016 A lot of inflammatory statements were thrown around during the campaign leading up to the U.S. election on November 9, 2016. Policy specifics and plans often took a back seat to comments and discussions not typically associated with U.S. election campaigns. Whether you are a supporter of Presiden...

Posted in: Data Security/Privacy

Insights TheSpotlight
7 Ways to Help Your Organization Prevent Costly Data Breaches By Amy Marcen-Gaudaur and Aaron Baer Dec 01, 2016 Businesses spend an estimated $84 billion each year defending their data against cyberattacks. However, a recent report by Accenture (the "Report") highlights the stark disconnect between these costly protection measures and their efficacy. The Report is based on the results of a survey conducted...
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