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Few “likes” for Facebook Forum Selection Clause: Supreme Court Finds “Strong Cause” to Not Enforce Forum Selection Clause

Posted in Class Actions, Privacy, Privacy Act, Social Media, Uncategorized

Electronic terms of service govern billions of relationships worldwide, whether a user is joining a social media service, shopping online or accessing a blog. In each case, a binding contract is formed, the terms of which are usually set out in the website’s “terms of service” . But when a contract is made over the… → Read More

Court Finds a Lesser Expectation of Privacy in Cameras than in Cell Phones and Computers

Posted in Internet of Things, Privacy, Social Media, Uncategorized

Driven in part by advances in recording device technology such as wearable cameras and drone-mounted cameras, the trend of self-recording one’s life continues to grow.  The videos recorded on these devices are popular on social media and range from the mundane to the extreme.  Some even include criminal acts: illegally scaling structures and in some cases BASE… → Read More

From Government Surveillance to Federal Data Breaches: Privacy Commissioner Tables Annual Report

Posted in Cybersecurity, Data Breach, Privacy, Uncategorized

On December 10, 2015, the Annual Report of the Office of the Privacy Commissioner (“OPC”) on the Privacy Act for 2014-2015 was tabled in Parliament.  The Annual Report provides details on privacy trends and investigations involving Canadian federal departments for the past year. Strategic Privacy Priorities Identified In his opening message, Privacy Commissioner Daniel Therrien… → Read More

SCC to Consider Provincial Privacy Commissioner Powers to Compel Production of Privileged Documents

Posted in FIPPA/MFIPPA, Uncategorized

The Supreme Court of Canada is revisiting the issue of whether a privacy commissioner can force disclosure of documents where solicitor-client privilege is asserted. In 2008, the Supreme Court considered a privacy commissioner’s powers under Canada’s federal private sector legislation and concluded (in Canada (Privacy Commissioner) v. Blood Tribe Department of Health, 2008 SCC 44) that the… → Read More

Recent Breaches Spur Renewed Focus on Strengthening Ontario’s Health Privacy Laws

Posted in Data Breach, PHIPA, Privacy, Uncategorized

According to a recent news report,  Ontario Health Minister Eric Hoskins is looking into re-introducing the Electronic Personal Health Information Act (EPHIPA) and strengthening Ontario’s Personal Health Information Act (PHIPA) following recent health-related privacy breaches. Although PHIPA was introduced over ten years ago, only one person has ever been charged under the legislation: a nurse who… → Read More