With rapid advances in technology and increasing scrutiny on privacy and data-protection issues, organizations are looking for guidance on how privacy and data-protection laws govern the way they do business with their customers and interact with their employees. In addition to personal information protection legislation that applies across the country, Canada has also enacted anti-spam and antispyware legislation, Canada’s Anti-Spam Legislation (CASL), which significantly impacts the distribution of commercial electronic messages and computer programs.
Members of our experienced Privacy & Data Management Group help clients navigate privacy and data governance considerations resulting from the collection, use, disclosure and maintenance of personal information. We provide advice to both private and public sector clients regarding access to personal information requests, dealing with privacy requests that arise in the course of corporate transactions or employee matters.
We draft and revise privacy policies specific to an organization’s needs and responsibilities and advise on compliance with privacy legislation including responses to requests for access to personal information and all aspects of electronic commerce.
We also provide advice upon and draft document retention policies that reflect the statutory requirements to retain documents.
Our clients operate in a range of industries, including technology, banking and finance, health care, natural resources, utilities and transportation.
Our group's experience includes:
- Drafting and implementing privacy policies
- Drafting and finalizing document retention policies that comply with applicable law
- Making submissions to the Office of the Privacy Commissioner of Canada (OPC)
- Drafting positions and submissions to and for public bodies regarding the application of public sector privacy legislation
- Drafting opinions on privacy legislation
- Advising on privacy issues that emerge in M&A transactions
- Drafting consent language and authorization forms to permit the collection, use and disclosure of personal information
- Responding to specific privacy questions and concerns
- Representing clients in applications to the Privacy Commissioner of B.C.
- Consideration and application of Canada’s Anti-Spam Legislation (CASL)
- Providing advice to clients regarding privacy issues that arise during litigation or planned litigation
- Delivering privacy seminars for client organizations
News & Publications
- BarTalk, 1.12.15
- BarTalk, 1.12.15
- Deborah Cushing quoted in the FindLaw Canada article, "Do Fitbits come with workplace privacy concerns?"24.8.15
- Nicole Skuggedal quoted in Business in Vancouver article "Do You Know Where Your Mobile Workers Are?"13.1.14
- Business in Vancouver publishes Mark Fancourt Smith's article, "Opt-in not an option: How to comply with the new anti-spam law"16.5.13
- The Vancouver Sun publishes Mark Fancourt-Smith's article, "New anti-spam laws target a safer online world"14.5.13
- Labour & Employment Bulletin: Federal Elections – Employee Voting Time Entitlement and Company Computers and the Employee’s Expectation of Privacy29.4.11
- "Human Rights & Privacy Update"11.6.14
- Labour and Employment Law Blog, 5.7.18
- Labour and Employment Law Blog, 28.5.18
- SCC Dismisses Leave to Appeal the ABCA's Decision that Litigation Privilege Cannot Cloak an Employer's Internal Investigation ProcessLabour and Employment Law Blog, 8.5.18
- Labour and Employment Law Blog, 23.4.18
- Commercial Litigation and Dispute Resolution Blog, 13.4.18
- Labour and Employment Law Blog, 22.2.18
- Labour and Employment Law Blog, 9.11.17
- Video Surveillance and Individual Privacy Rights: BC Privacy Commissioner Issues First Ever Audit and Compliance ReportLabour and Employment Law Blog, 13.12.16
- Labour and Employment Law Blog, 9.7.15
- Business Law Blog, 15.1.15
- Labour and Employment Law Blog, 17.4.14
- Labour and Employment Law Blog, 11.2.14
- Labour and Employment Law Blog, 20.12.13
- Labour and Employment Law Blog, 1.11.12