A majority of the updates to Québec’s private sector privacy law in Law 25, also known as Bill 64, An Act to modernize legislative provisions as regards the protection of personal information (Bill 64), will come into force on September 22, 2023. Some provisions will come into effect on September 22, 2022. We have outlined a few of the significant upcoming changes ...

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Posted in Privacy

In the latest class action decision involving the Insurance Corporation of British Columbia (“ICBC”), the British Columbia Supreme Court (“BCSC”) found ICBC vicariously liable for a rogue employee’s privacy breaches (Ari v. Insurance Corporation of British Columbia, 2022 BCSC 1475 (“Ari”)). This surprising decision has important implications for ...

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Posted in Privacy

It was probably a surprise to many who read James McLeod’s article in June 2020, that Tim Hortons’ app collected detailed location information.  Ironically, the journalist learned of the personal information the app collected about him from Tim Horton’s response to his access request.  Despite only providing the app permission to use the location functionality of ...

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Posted in Privacy

On November 25, 2021, amendments to B.C.’s Freedom of Information and Protection of Privacy Act, R.S.B.C. 1996, c. 165 (“FOIPPA”) came into force through Bill 22-2021, with a few more anticipated within the coming months (by the end of next year).  FOIPPA applies to records in the custody or control of “public bodies”, such as government ministries ...

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Posted in Privacy

The Federal Court was asked to decide this question on a reference[1] in the course of an investigation by the Federal Privacy Commissioner. The big issue in the investigation is whether the Commissioner has the authority to order Google to de-index, or remove links, from searches for an individual’s name. This has become known as the “right to be forgotten.” In this ...

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B.C.’s Provincial Health Officer, Dr. Bonnie Henry,[1] and the Public Health Agency of Canada,[2] have recommended that individuals who are not fully vaccinated[3] continue wearing masks in indoor public spaces.

At the same time, public authorities are providing little to no guidance on how or when businesses can continue mask requirements. They are also not ...

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With increasing numbers of Canadians being immunized each day against COVID-19, the question on many peoples’ minds is whether Canadians will be asked to prove they are vaccinated by way of a vaccine passport. Vaccine passports can take a range of forms, but the defining feature is a verified record of a person’s immunization status.

The question many employers are now ...

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Posted in Privacy

All indications are that the evolution of privacy laws and their impact will continue to evolve, perhaps even at a greater pace, in 2021. In celebrating Privacy Day, January 28, 2021, we would like to share four things businesses should be keeping their eyes on, and planning for, in 2021.

1. Significant changes to privacy legislation in Canada.

Canadian federal and ...

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Posted in Privacy

The Privacy Commissioners of Canada, Alberta and British Columbia issued a joint investigation report, finding that Cadillac Fairview did not obtain adequate consent for the collection of digital images of faces through facial recognition technology (Anonymous Video Analytics) installed in wayfinding directories in some of their Canadian shopping malls.

Is consent ...

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Posted in Privacy

The Office of the Privacy Commissioner of Canada (“OPC”) has now decided[1] that the Personal Information Protection and Electronic Documents Act (“PIPEDA”) does not require organizations to obtain separate express consent for the transfer of personal information to service providers located outside of Canada.

The recent decision makes it clear, however ...

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About Us

Lawson Lundell's Privacy and Data Management Blog provides updates on the most recent issues emerging in the legal and business communities. We cover a range of issues, legal developments, and new technology as they impact privacy and data management. We will focus on how organizations can protect, manage and innovate with information considering the various risks, regulatory and governance requirements.

Legal Disclaimer: The information made available on this webpage is for information purposes only. It does not constitute legal advice, and should not be relied on as such. Please contact our firm if you need legal advice or have questions about the content of this webpage. 

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