Articles 2019

The federal government has introduced Bill C-11 the Digital Charter Implementation Act, 2020, into Parliament. Bill C-11 aims to modernize the framework for the protection of personal information in the private sector and provide individuals with greater control over their information.

Recently, the Court of Justice of the European Union (CJEU) released the long-anticipated Schrems II decision, which invalidated the EU-U.S. Privacy Shield mechanism that over 5000 U.S. businesses have relied on for purposes of transferring and processing data from the EU to the U.S.

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.

The IoT Guidance by the OPC provides overdue clarity on how the Personal Information and Protection of Electronic Documents Act (“PIPEDA”) applies to Internet of Things (“IoT”) devices, and guidance to manufacturers of those devices on specific security and other measures they should consider.

Co-chair Kimberley Ishmael summarizes the highlights of a program discussing the new rights and obligations stemming from Part X of the Child, Youth and Family Services Act. The program, which was held by webcast on June 25, 2020, was jointly hosted by the OBA's Privacy and Access to Information Law Section and Child and Youth Law Section.

The Ontario government is championing the "privacy-first" approach that was used in developing COVID Alert, which will be the first government-backed digital contact tracing app to be rolled out in Canada.

The Federal Court of Appeal recently dismissed an appeal against two CRTC decisions regarding enforcement actions under CASL. In addition to upholding the Commercial Electronic Message provisions as constitutional, the Court provided clarity on the “business-to-business” and conspicuous publication exemptions, as well as the unsubscribe mechanism requirements.

The authors explore the partnership between Google and Apple, highlight a few key privacy considerations associated with the technology, and touch on some of the praise and criticism that the collaboration has received so far.

Co-host Rajen Akalu summarizes the highlights of a Privacy and Access to Information Law Section program, which explored privacy, data protection, and innovation in connected and automated vehicles. The program was held by webinar on May 12, 2020.