Privacy & Data Management Blog

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...

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 ...