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

Insights TheSpotlight
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, complaints-ba...

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

Insights TheSpotlight
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 monetary ...

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

Insights TheSpotlight
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 composition and r...

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 processors, but also ot...

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 element...

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 on businesses ope...

Posted in: Data Security/Privacy

Insights TheSpotlight
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

Insights TheSpotlight
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 National C...

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 “reasonable person would con...

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 Ontario Court of Appeal, distinguis...

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

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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

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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

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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

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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

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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...
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