Articles 2022

The Office of the Privacy Commissioner of Canada (OPC) recently issued PIPEDA Findings #2022¬004, which underscores the need for a timely risk assessment that includes Canadians’ personal information. With this Report, the OPC is setting the expectation that while this timeline is flexible, it is not infinitely elastic.

On September 22, 2022, the first set of amendments from Bill 64 will come into force. Although most amendments will come into force in September 2023, below we highlight significant changes in force this September.

Mobile applications have become synonymous with organizations’ outreach initiatives. The recent joint investigation by federal and provincial privacy authorities into the Tim Hortons app emphasizes the need for companies to consider Canadian privacy laws when designing their apps.

Shalom Cumbo-Steinmetz and Alina Butt discuss key takeaways from a recent Divisional Court decision overturning certification in a data breach class action involving private health information.

Ronak Shah and George Boynton Payne discuss a growing trend among organizations to include privacy and data governance metrics and disclosure as part of their environmental, social and governance (ESG) reporting framework, and highlight practical steps an organization can take to move beyond a traditional regulatory compliance approach to privacy and security.

An overview of cyber risks faced by Canadian businesses as a result of the Russian invasion of Ukraine.

The common law tort of intrusion upon seclusion continues to develop, as does its use in the class action context. Chloe Snider and Hala Abdul Ghani explore four recent decisions that demonstrate a shift in the use of this tort in large data breach cases.

On November 1, 2021, the new law governing privacy in the People's Republic of China (PRC) came into effect. The Personal Information Protection Law (PIPL) contains substantive privacy obligations and has the potential to significantly impact organizations operating both within and outside of the PRC. Nicholas Wall provides an overview of PIPL's scope of application, central principles and restrictions on cross-border transfers.