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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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Posted in Privacy

Today’s decision by the European Court of Justice (Schrems II) invalidated the US Privacy Shield as a basis for privacy protections permitting the transfer of personal data outside of the EU. The decision has many implications for international commerce, including businesses operating in Canada.

One result is that Canada may become a preferred choice for data storage ...

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Posted in Privacy

As we have outlined in Part 1 and Part 2 of our blog series, ‘Returning the Workplace to Safe Operation’, employers have a duty to reduce the risk of COVID-19 in the workplace as much as reasonably practical. Consequently, employers may determine it is appropriate to conduct certain active screening, such as questionnaires, temperature screening, and testing ...

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Posted in Privacy

As businesses begin to reopen, many organizations will examine ways to protect their workers and attract returning customers. Various mechanisms to screen customers for COVID-19 risks will become more common. Examples include providing customers with questionnaires regarding their travel history, exposure to others, and symptoms, or temperature scanning before ...

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Posted in Privacy

Canada’s Competition Bureau determined Facebook Inc. made false or misleading claims about the privacy of Canadians’ personal information on Facebook and Messenger. Facebook Inc. will pay a $9 million penalty in a settlement as a result, and pay an additional $500,000 for investigation costs.

This settlement is an important indicator of the shift that Canada’s ...

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Posted in Privacy

Provincial health orders, guidance and physical distancing measures in response to COVID-19 have changed the way Canadians are working and studying. Organizations are suddenly more reliant on technical tools and approaches to doing business which have not all been fully vetted for privacy and security.

Over the past few weeks, Canadian privacy commissioners have made ...

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Posted in Privacy

The B.C. government has opened the “world” of connectivity and communication software tools and applications not previously available to public bodies because they stored or permitted access to personal information outside of Canada.

To assist public bodies coping with certain challenges associated with COVID-19, the B.C. government has issued a ministerial ...

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Posted in Privacy

Certainly precautions considering the health of our friends, families and co-workers are foremost in our minds at this challenging time. While our lives and workplaces are disrupted in various ways, we should still be keeping privacy and security in mind.

Cyber-Safety

We are getting reports that online threats are higher than normal. When we are distracted, it is easier to ...

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Posted in Privacy

Canada’s Competition Bureau is making a shift towards enforcement in aspects of the digital economy. One way it is refocusing its work relates to policing false or misleading statements about the type of data organizations collect, why they collect it, and how they will use, maintain and erase it. The Bureau has substantial enforcement powers under the Competition Act to ...

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Posted in Privacy

The new Mandate Letter issued to the Minister of Innovation, Science and Industry (“Letter”) includes a number of initiatives and stated priorities for the Government of Canada. These signal changes that we can anticipate to Canada’s privacy laws and how they will be enforced. Overall, individual rights will be strengthened and organizations will have more ...

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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.

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