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CJEU: EU-Canada proposed agreement on the transfer of Passenger Name Record data does not conform to EU data protection law standards

By Dan Cooper and Rosie Klement On July 26, 2017, the Court of Justice of the EU (CJEU) published Opinion 1-15 (the “Opinion”) on the proposed agreement between the European Union and Canada on the transfer and processing of passenger name record (“PNR”) data (the “Agreement”).  The Agreement was signed in 2014, but the CJEU … Continue Reading

Ashley Madison Settles Data Security and Deception Charges

The FTC announced today that it has reached a settlement with the operators of AshleyMadison.com (Ashley Madison) for alleged data security deficiencies and deceptive trade practices.  According to the FTC, Ashley Madison, a dating website for married individuals, was hacked in July 2015, leading to the release of 36 million users’ account and profile information.  … Continue Reading

Highlights of the Canada Digital Privacy Act 2015

On June 18, 2015, the Canadian Parliament passed the Digital Privacy Act (DPA), Senate Bill S-4, into law.  The DPA amends Canada’s federal data protection statute, the Personal Information Protection and Electronic Documents Act (PIPEDA) in important respects, including introducing a new data breach notification requirement (which is not yet in force) and making other … Continue Reading

Compu-Finder Subjected to $1.1M Penalty, First Fine Under Canada’s New Anti-Spam Law

By Lala Qadir Canada’s telecommunications regulator, the Canadian Radio-Television and Telecommunications Commission (CRTC), issued its first fine under a new anti-spam law.  The CRTC alleged that Compu-Finder sent users emails without acquiring their consent and did not provide a way for consumers to unsubscribe from the emails.   Compu-Finder has 30 days to submit written representations … Continue Reading

Canada’s Highest Court Rules That Police Can Search Cell Phone Contents After Arrest

By Lala Qadir The Supreme Court of Canada recently issued a 4-3 decision that gave the police a green light in conducting warrantless searches of an arrestee’s cell phone as long as the search is directly related to the suspected crime and records are kept.  Over three dissenting judges that characterized mobile phones as “intensely … Continue Reading

Canadian Privacy Commissioner Issues Guidance under PIPEDA

Last week, the Office of the Privacy Commissioner in Canada (OPC) issued important guidance under Canada’s national privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA).  The guidance highlights various scenarios in which PIPEDA applies based on judicial opinions and previous OPC interpretations.  In general, PIPEDA applies to the personal information that an … Continue Reading

Ontario Recognizes Intrusion Upon Seclusion Privacy Tort for the First Time in Canada

The Ontario Appeals Court last Wednesday recognized—for the first time in Canada—the intrusion upon seclusion privacy tort.  In Jones v. Tsige, 2012 ONCA 32, the plaintiff sued a coworker for looking through her financial records.  The motion judge granted summary judgment for the defendant on the ground that Ontario law does not recognize plaintiff’s claim.  … Continue Reading

Health Information Privacy Law Enacted in Nova Scotia

On December 10, 2010, Nova Scotia’s Personal Health Information Act, which regulates the collection, use, disclosure and disposal of personal health information, was granted royal assent.  The purpose of the new legislation is to better protect citizens’ health data, while also facilitating the use of electronic medical records by provincial health institutions.  Nine of Canada’s … Continue Reading

New Canadian Law Regulates Spam

After much mulling, the Canadian Parliament passed, on December 16, Bill C-28, the Fighting Internet and Wireless Spam Act, which creates a new regime for businesses engaged in online marketing.  The legislation regulates commercial “electronic messages,” a term defined broadly to include e-mail, instant messaging, text messages, and messages on “any similar account” — a … Continue Reading

Canadian Court Orders Consumer Credit Agency To Pay Damages Under PIPEDA

On December 20, 2010, the Federal Court of Canada fined consumer credit agency TransUnion of Canada Inc. under Canada’s Personal Information Protection and Electronic Documents Act (PIPEDA).  TransUnion was ordered to pay approximately $5,000 to a consumer who was unable to secure a loan after TransUnion reported inaccurate credit information to his bank.  The negative information … Continue Reading
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