Articles

About Articles The following articles are published by the Privacy Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editor: Travis Walker

Today
Today

China's New Privacy Legislation: The Personal Information Protection Law

  • January 21, 2022
  • Nicholas Wall

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.

International Law, Privacy Law, Student Forum
Claire Davis, Healthcare of Ontario Pension Plan

The Permanent and Irreversible Disposal of Personal Information

  • November 14, 2021
  • Claire Davis, Healthcare of Ontario Pension Plan

Although there are no current signs of Bill C-11 (Digital Charter Implementation Act, 2020) being revived in Parliament, the re-election of the Liberal government suggests that it is only a matter of time before it is reintroduced in some form. To prepare for this event, this commentary analyzes one of the more controversial aspects of Bill C-11: its obligations for the disposal of personal information.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law

Welcome Message from the Chair

  • September 28, 2021
  • Jaime Cardy

An introductory welcome to the 2021-2022 Season from the Privacy and Access to Information Law Section Chair, Jaime Cardy.

Privacy Law, Student Forum

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners

  • June 29, 2021
  • Amanda Branch and Prudence Etkin

On May 19th, 2021 Canada’s Federal, Provincial and Territorial Privacy Commissioners released a joint statement on the privacy implications of Covid-19 vaccine passports. Vaccine passports may offer substantial public benefits; however, in exchange for access to these benefits, individuals will be required to disclose personal health information. As a result, the Commissioners emphasize the importance of addressing privacy considerations from the outset.

Privacy Law, Student Forum
Jaime Cardy

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum
Sarah Nasrullah

15 Questions in 15 Minutes with Molly Reynolds

  • April 29, 2021
  • Molly Reynolds and Sarah Nasrullah

Sarah Nasrullah, Co-Newsletter Editor of the Privacy Executive, interviewed Molly Reynolds, the Chair of the Privacy and Access to Information Law Section.

Privacy Law, Student Forum
M. Talal Farrukh Irfan Khan

Drone Photograph a Breach of Privacy

  • April 28, 2021
  • M. Talal Farrukh Irfan Khan

In a recent decision, the Grand Traverse Circuit Court in the State of Michigan (No. 349230, LC No. 18-034553-CE), the court found that the use of a drone to photograph a couple’s home infringed their “reasonable expectation of privacy."

Privacy Law, Student Forum

Privacy Class Actions in Canada: the misconceptions, the pitfalls and the path forward

  • March 26, 2021
  • Sage Nematollahi, KND Complex Litigation

Courts in Ontario and Alberta have recently issued several significant decisions in privacy class actions. These two decisions followed the prevailing trend of the dismissal of privacy class actions in Canada, in which courts have generally found that there is no evidence of harm, or that the information at issue did not rise to a level that would support the finding of a reasonable expectation of privacy, or both.

Class Actions, Privacy Law, Student Forum

What’s up with WhatsApp?

  • February 27, 2021
  • Nevethan Balendra

On January 6, 2021, WhatsApp announced that it would update its Privacy Policy to help it better integrate with other Facebook products, making sharing information with Facebook mandatory for WhatsApp users. This prompted many responses online calling for users to leave WhatsApp and to use more “privacy friendly” messaging apps, such as Telegram and Signal. This article discusses the impact of WhatsApp's new Privacy Policy on Canadian users.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law