CyberLex
CyberLex Insights on cybersecurity, privacy and data protection law

Tag Archives: privacy

Privacy Commissioner’s Report on Public Perception of Companies’ Privacy Practices Holds Lessons for Business

Posted in Privacy

The Office of the Privacy Commissioner of Canada (“OPC”) recently released a preliminary report outlining the results of a series of focus groups conducted with Canadians about privacy and the protection of personal information.[1] Predictably, participants in the focus groups (which represented a small and restricted sample of Canadians) were concerned by the collection and… → Read More

Searches of Electronic Devices at the Canada/US Border

Posted in Legislation, Privacy

The possibility of arbitrary searches of the electronic devices of persons crossing into the US continues to raise concerns among Canadians and, in particular, privacy regulators. Recent statements (and subsequent legislative amendments) are attempting to address some of the legal issues. On June 8, 2017, Daniel Therrien, the Privacy Commissioner of Canada,  sent a follow up… → Read More

European Banking Authority Responds to European Commission Public Consultation on Fintech: Potential Takeaways for Canada

Posted in AI and Machine Learning, Big Data, Cybersecurity, Financial, FinTech

In March 2017, the European Commission issued a public consultation document on Fintech.  The goal of the European Commission (EC) document is to further the objective of a digital single market within Europe.  This will be done by supporting the development of digital infrastructure,  improving access to goods and services, and ensuring rules foster technological… → Read More

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

“Not There Yet”: Bank of Canada Experiments with Blockchain Wholesale Payment System

Posted in FinTech

The Bank of Canada has issued a report on Project Jasper, its recently completed experiment testing the viability of distributed ledger technology (DLT) as the basis for a wholesale payment system. The experiment was a combined effort by the Bank of Canada and Payments Canada, along with Bank of Montreal, Canadian Imperial Bank of Commerce,… → Read More

A Glimpse into a Tangled Future: Implications of an Increasingly Connected World

Posted in AI and Machine Learning, Big Data, Internet of Things

Looking forward to living in a house that reduces your workload by mowing your lawn? What about having your front door beam you photographs of everyone your adolescent children let into your home while you are at work? Or, even better, a door that will only open for certain people at specific times during the… → Read More

Why Autonomous Vehicle Providers Should Consider Their Stance on Privacy

Posted in Connected Cars, Privacy

Autonomous vehicles are coming fast. It is now believed that autonomous vehicles will be widely available to consumers by 2020. Many futurists predict that one day owning and driving a car will be a hobby, much like horseback riding, and that most consumers will simply press a button on their mobile devices to have a… → Read More

Lawful Access: The Privacy Commissioner Reiterates its Position

Posted in Criminal, Legislation, Privacy

One of the challenging aspects of PIPEDA in recent years has been the new section 7(3)(c.1)(ii), which permits organisations to disclosure personal information to a government institution that has requested the disclosure for the purpose of law enforcement and has stated its “lawful authority” for the request. Organizations faced with such a request almost always… → Read More

Defending a Lawsuit is Not a “Commercial Activity” Under Privacy Legislation

Posted in Privacy

In a case dating back to 2016 but just recently published, the Office of the Privacy Commissioner of Canada has ruled that the collection and use of a plaintiff’s personal information for the purpose of defending against a civil lawsuit is not a “commercial activity” and, as such, the Personal Information Protection and Electronic Documents Act,… → Read More

Lenovo and Superfish: Proposed Class Action Proceeds on Privacy Tort and Statutes

Posted in Cybersecurity, Internet of Things, Privacy

A recent privacy decision regarding pre-installed software on laptops may have implications for companies operating not only in the traditional hardware space, but for those companies venturing into the burgeoning “Internet of Things” ecosystem. In short, an Ontario court declined to strike the common law and statutory privacy claims, suggesting that courts are at least… → Read More

Health Record Snooping Nets Hefty Fine

Posted in PHIPA

In a recent case out of Goderich, Ontario a $20,000 fine, the highest of its kind in Canada, was handed out for a health privacy violation. Between September 9, 2014 and March 5, 2015, a Masters of Social Work student accessed the personal health information of 139 individuals including family, friends, and local politicians, among… → Read More

U.S. Consumer Protection Regulator Consults on Use of Alternative Credit Data

Posted in Big Data, Financial, FinTech

On February 16, 2017, the U.S. Consumer Financial Protection Bureau (the “CFPB”) issued a Request for Information (“RFI”) seeking feedback from the public on the use or potential use of alternative data and methodologies to assess consumer credit risk, thereby expanding access to credit for credit invisible segments of the population. Presently, most lenders make… → Read More

Genetic Discrimination Bill One Step Closer to Becoming Law

Posted in Legislation, Privacy

On March 8, 2017 Liberal backbench MPs united with opposition parties to pass Bill S-201, an act to prohibit and prevent genetic discrimination. As noted in this prior Cyberlex post, Bill S-201 follows the enactment of legislation in the United States and adoption in the United Kingdom of a voluntary code and protects individuals from… → Read More

Cyberbullying & Revenge Porn: An Update on Canadian Law

Posted in Privacy

The current nature of social media and, more broadly, the Digital Age, continues to create challenges for legislators and law enforcement officials alike. One such challenge arises in the cyberbullying context, where intimate (or otherwise private) images are uploaded to the Internet. These files can be copied, forwarded and shared instantaneously, making them seemingly impossible… → Read More

Bill S-201 and the Protection Against Genetic Discrimination.

Posted in Discrimination, Employment, Legislation, Privacy

You have done testing to determine whether you have a genetic predisposition to certain medical conditions. The results come back: You do. This is important information for you and your doctor to make more informed decisions about your health care.  But now that you know, are there circumstances in which you should be required to… → Read More

The New U.S. Executive Order: Effects on Canadian Privacy Laws and Cross Border Data Transfers

Posted in Privacy

President Donald J. Trump’s executive order issued January 25, 2017, contained one little paragraph with big words about Canadians’—and other non-U.S. citizens’—privacy: Sec. 14.  Privacy Act.  Agencies shall, to the extent consistent with applicable law, ensure that their privacy policies exclude persons who are not United States citizens or lawful permanent residents from the protections… → Read More

PIPEDA’s global extra-territorial jurisdiction: A.T. v. Globe24h.com

Posted in Privacy

The Federal Court of Canada released a landmark decision finding that the court has the jurisdiction to make an extra-territorial order with world-wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person’s rights under Canada’s privacy law, the Personal Information Protection… → Read More

Is There a Duty of Device Security? U.S. Regulator Fires Warning Shot Over Obligations of IoT Manufacturers

Posted in Internet of Things, Privacy

A complaint filed by the U.S. Federal Trade Commission (the “FTC”) against D-Link Corporation, a Taiwanese computer networking equipment manufacturer, and its U.S. subsidiary (collectively, “D-Link”) is raising questions about the extent of responsibility that networking equipment manufacturers may have for the security of their products, and how much of that responsibility rests with consumers… → Read More

McCarthy Tétrault Celebrates Data Privacy Day, 2017 With New Cybersecurity Risk Guide

Posted in Cybersecurity, Privacy

In celebration of Data Privacy Day, McCarthy Tétrault is pleased to launch the 2017 edition of our newly designed online Cybersecurity Risk Management Guide, to help clients manage data risks in a quickly evolving business environment.  Data Privacy Day, celebrated on January 28, 2017, is an opportunity for businesses to review privacy and data protection policies,… → Read More

Fintech Regulatory Developments: 2016 Year in Review

Posted in FinTech

This year was a tremendously active year for Fintech in Canada and internationally, and 2017 promises to be even more so.  In the Fall of 2016, we co-authored a comprehensive report together with the Digital Finance Institute, “FinTech in Canada: British Columbia Edition” on the state of the Canadian Fintech ecosystem, highlighting a number of… → Read More

Supreme Court Renders Landmark Privacy decision in Royal Bank of Canada v. Trang

Posted in Privacy

The Supreme Court of Canada released a landmark decision today giving important guidance on how Canada’s federal privacy law, the Personal Information Protection and Electronic Documents Act (“PIPEDA”), should be interpreted. In Royal Bank of Canada v. Trang, 2016 SCC 50, the Court ruled that courts can use their inherent jurisdiction to make orders permitting… → Read More

Chatbots, Open Data and Sandboxes: Trending Topics from the 2016 Money20/20 Conference

Posted in AI and Machine Learning, Financial, FinTech, Mobile Payments, Privacy

With 10,000+ attendees, including more than three thousand companies from seventy-five countries, Money20/20 is the largest annual global event focusing on payments and financial services innovation. The 2016 conference in Las Vegas this October featured a packed agenda of talks by industry and thought leaders on a broad range of current and emerging Fintech issues,… → Read More

Impacts of Artificial Intelligence Remain Grey Areas, says White House Report

Posted in AI and Machine Learning, Cybersecurity, Privacy

Earlier this month the Executive Office of the President’s National Science and Technology Council (the “NTSC”) released a report entitled Preparing for the Future of Artificial Intelligence. The report surveys the current state of artificial intelligence (“AI”). The NTSC foretells of a future where AI technologies play a growing role in society – opening up… → Read More