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Posted in: Data Security/Privacy | Privacy

Insights TheSpotlight
Maintaining Employee Mental Health through Digital Technologies By Lynn Tay and Lorway Gosse May 08, 2020 The rapid advancement of technology has resulted in a movement towards all kinds of digital tools... The rapid advancement of technology has resulted in a movement towards all kinds of digital tools. One tool that a growing number of employers are embracing is telemedicine. By leveraging technology, employers provide employees with access to professional advice in a convenient and cost-effect...

Posted in: Privacy by Design | Data Security/Privacy

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Digital Ethics By Donald B. Johnston Apr 20, 2020 Ethics generally are all about how we treat one another, relate to one another and resolve confli... Ethics generally are all about how we treat one another, relate to one another and resolve conflicts with one another. They are different from morals, which can vary from society to society. Ethics go deeper, to the universal human level. Digital ethics, therefore, are about how we treat one anot...

Posted in: TheSpotlight Categories | Data Security/Privacy

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Cyberattacks and Cybersecurity Measures Amid the COVID-19 Pandemic By Paige Backman and David Mba Mar 27, 2020 As the COVID-19 pandemic continues, cyber criminals are finding ways to capitalize on the growing levels of concern and fear accompanying the pandemic.

Posted in: Data Security/Privacy | TheSpotlight Categories

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Geolocation and the Fight Against COVID-19 Could the Emergencies Act Overrule Privacy Law Protections for Cellphone Location Data? By Paige Backman and Stephanie D’Amico Mar 27, 2020 While COVID-19 is a “novel” coronavirus, the tension it stokes between public welfare and personal freedom is anything but new. Today, the battle is between public health and personal privacy.

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

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Federal Privacy Law – Is It About to Change: Part Deux? By Donald B. Johnston Jan 13, 2020 In my last blog, I speculated about whether privacy law is about to change and promised to write more about it. My speculation was sparked by the 2018-2019 Annual Report to Parliament made by the Office of the Privacy Commission. Here’s a bit more about this excellent report.

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

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Smart Cities: An Opportunity for Engagement on Big Data Governance By Steve J. Tenai Jun 20, 2019 Quayside, a proposed “smart city” on Toronto’s waterfront,1 has garnered a lot of attention about big data initiatives relative to privacy and data governance. Smart city proposals underscore the importance of balancing the benefits of data analytics with privacy rights. A reactive, complai...

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

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Canada’s New Digital Charter and What this Means for PIPEDA By Aaron Baer and Sarah Newman Jun 13, 2019 On May 21, 2019, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, announced the launch of Canada’s own Digital Charter.

Posted in: Data Security/Privacy | CASL | CRTC

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Directors and Officers May Be Found Personally Liable Under CASL By Aaron Baer and Sarah Newman May 28, 2019 In a recent compliance and enforcement decision, the CRTC found that nCrowd, Inc. sent CEMs that violated CASL. Importantly, the CRTC also found Brian Conley (“Conley”), the President and Chief Executive Officer of nCrowd, liable for the violations and imposed upon him an administrative monet...

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

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Biometric Identification and Privacy Concerns: a Canadian Perspective By Paige Backman and Aaron Baer May 21, 2019 Advancements in technology have greatly expanded the types of biometric information that we are readily able to collect from individuals, as well as the ways in which such biometric information can be used. Facial structure, fingerprints, speech patterns, voice recognition, iris composi...

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

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OPC Proposed Change Equal to Legislative Change Without Legislative Process By Paige Backman, Donald B. Johnston and Aaron Baer May 08, 2019 On April 9, 2019, the Office of the Privacy Commissioner of Canada (OPC) announced it was looking to change their position on trans-border flow of personal information. The proposed change in position will impact not only cross-border data transfers between controllers and processo...

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

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“Privacy is Not an All-or-Nothing Concept”: The Supreme Court of Canada’s decision in R. v. Jarvis By Donald B. Johnston and Brandon Carter Feb 20, 2019 On February 14, 2019, the Supreme Court of Canada released its decision in R. v. Jarvis, a case that centered on determining when and where a person will be criminally liable for observing or recording others, without their knowledge, for sexual gratification.

Posted in: Data Security/Privacy | Data Protection

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Data Breaches – What Will Cost You and What Will Save You Money By Paige Backman Feb 11, 2019 For the last number of years, Ponemon Institute has published reports on data breaches. The latest report, “2018 Cost of a Data Breach Study: Global Overview”, is worth the read. It explores not just the cost in dollars and organization expended (direct and indirect costs), but also which elem...

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

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GDPR - Impact on Canadian Business Obligations, Liability and Contract Terms By Paige Backman Feb 06, 2019 The European Union’s General Data Protection Regulation (GDPR) came into effect nearly nine months ago on May 25, 2018. The GDPR clearly applies to those located in the EU, but its application is worldwide in that it expressly imposes obligations, liability and contractual terms o...

Posted in: Data Security/Privacy

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Come On, They’re Children! By Paige Backman Feb 04, 2019 A few days ago, a friend forwarded on the Slashdot story about Facebook paying individuals, ages 13-35, $20/month to essentially spy on them. The story is all over the Internet, apparently.

Posted in: Data Security/Privacy | Data Protection

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Federal Government Invests Heavily in a New Cyber Security Strategy By Paige Backman and Ara Dungca Aug 09, 2018 A few weeks ago the Canadian federal government released a new National Cyber Security Strategy backed by more than 500 million dollars in committed funding from Budget 2018. Thus far, it is the largest investment in cyber security by any Canadian government. Despite the fact that the Nat...

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

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GDPR Now in Force Has Worldwide Reach By Paige Backman and Ara Dungca Jun 19, 2018 The General Data Protection Regulation was implemented on May 25, 2018. While it officially only affects European citizens, it has worldwide effects. As discussed previously on The Spotlight, any organization offering goods or services to residents of the European Union are expected to comply wit...

Posted in: Data Security/Privacy | Data Protection

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Notifying Consumers of Data Breaches: New Regulations By Stephen Crawford Apr 24, 2018 The federal government has introduced new regulations setting out what information must be disclosed to consumers and to the Privacy Commissioner after a data breach. These regulations will take effect on November 1, 2018.

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

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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

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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...

Posted in: Data Security/Privacy

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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

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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

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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

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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 O...
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