Articles 2019

Aujourdʼhui
Aujourdʼhui

2019 Privacy Class Actions Update: Why did Casino Rama fail and Bell Mobility succeed?

  • 31 mai 2019
  • Avi Sharabi

Why did the Ontario Superior Court of Justice refuse to certify the Casino Rama privacy breach class action, but then certified the Bell Mobility class action less than a week later? This piece offers a few theories explaining the opposing outcomes.

Droit des recours collectifs, Droit de la protection de la vie privée, Student Forum

Protecting Against Developer Error: Addressing Appropriate Data Management Procedures and Measures for Developers Today… and Tomorrow

  • 17 avril 2019
  • William Lim

Facebook discovered a data breach in 2013 due to the inadvertent interaction between two of its features. The Privacy Commissioner of Canada (“Commissioner”) investigated the cause and aftermath of the breach and decided that the remedial measures Facebook implemented following this breach was sufficient. Would that decision be upheld by a Court in a claim for negligence? What additional but practical technical measures could Facebook have implemented to avoid being found negligent?

Droit de la protection de la vie privée, Student Forum

Privacy Commissioner’s Consent Guidelines Come Into Force

  • 24 février 2019
  • Imran Ahmad, Wendy Mee, and Amir Eftekharpour

How can organizations ensure that they are obtaining meaningful consent to the collection, use, and disclosure of personal information? The Office of the Privacy Commissioner of Canada weighs in with a guidance document outlining guiding principles and a checklist of "Must-do" and "Should-do" items.

Droit de la protection de la vie privée, Student Forum

All Eyes on Consequences of Facial Recognition Technology

  • 21 janvier 2019
  • Mark Hayes and Adam Jacobs, ,

While facial recognition technology is increasingly prevalent in our day-to-day lives, the authors highlight concerns regarding compliance with applicable privacy laws.

Droit de la protection de la vie privée, Student Forum

Allocating Risk and Preparing For a Data Breach

  • 21 janvier 2019
  • Shan Alavi

All organizations, large or small, are prone to privacy breaches, the cost of which can cripple an organization that is not prepared to handle such threats. No organization is immune, but every organization can mitigate the risks.

Droit de la protection de la vie privée, Student Forum

The New and Improved PIPEDA: What you need to know and what you need to do

  • 11 décembre 2018
  • Stanislav Bodrov and Logan Wolfe, Strigberger Brown Armstrong LLP and Gearhead Software,

With the advent of the GDPR and the amendments to PIPEDA, data breach response plans are no longer optional – they are mandatory - and a misstep could be costly.

Droit de la protection de la vie privée, Student Forum

Privacy Commissioner Says Public Profiles Are Private

  • 22 octobre 2018
  • Imran Ahmad, Katherine Barbacki, and Alexia Magneron

Report from the Office of the Privacy Commissioner of Canada sheds light on the limits that Canadian privacy regulators can impose on the use of publicly available personal information on social networking platforms.

Droit de la protection de la vie privée, Student Forum

Migilalo v Royal Bank of Canada: Evaluating the Avenues for Recovering Damages for a Breach of Privacy

  • 04 octobre 2018
  • William Lim

In Migilalo v Royal Bank of Canada, 2018 FC 525, Ms. Migilalo discovered that there had been an unauthorized access to her private financial information with her Royal Bank of Canada accounts. She opted to seek damages pursuant to the provisions of the Personal Information Protection and Information Act. Was it the appropriate choice given her circumstances?

Droit de la protection de la vie privée, Student Forum