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Category Archives: Criminal

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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

S3nd Us teH MoNey: Ransomware Advisory Issued for Canadian Companies

Posted in Criminal, Cybersecurity

Ransomware attacks, in which hackers encrypt all the files on a computer and threaten to delete them unless a ransom is paid, are becoming increasingly common. Disturbingly, they are often successful. Recent victims include individuals like the woman who paid Ukrainian hackers $500 in Bitcoins to prevent them from deleting her husband’s financial statements (and… → Read More

Phone Companies after R v. Rogers: Constitutional Guardians or Agents of the State?

Posted in Criminal, Privacy

People love their phones.  Phones now accompany us pretty much wherever we go, whatever we do.  People use their phones in church, in restaurants, at the theatre, and, apparently, while committing crimes.  And our phones are leaving a trail behind us. Police know this.  They also know that records are created every time our phones… → Read More

Storing Data in Canada Won’t Necessarily Shield it from US Scrutiny

Posted in Criminal

Two recent decisions emphasize that data seized in Canada by Canadian authorities is nevertheless subject to investigation by foreign, and in particular American authorities. Storage of data in Canada will not necessarily shield if from review by foreign authorities.  The Mutual Legal Assistance in Criminal Matters Act (the “Act”) provides for mutual legal assistance in… → Read More

For Your Eyes Only: Court of Appeal Upholds Limits on Access to Disclosure When Self-Represented Litigant Posts Them on the Internet

Posted in Criminal

Most businesses eventually face an ungovernable litigant. Typically, this litigant launches endless frivolous proceedings and ties up legal resources. Of concern is if (or when) these types of litigants post confidential litigation materials on the Internet. Businesses are caught between their disclosure obligations and the need to protect confidential information. Businesses that have faced this situation… → Read More

Cell Phone Privacy Breaches: Forgiven – For Now

Posted in Criminal, Privacy

Courts continue to assert the high privacy interest in cell phones, following the pronouncements of the highest courts in both Canada and the US. A recent decision of the Saskatchewan Court of Appeal continues this trend, but also allows some leeway for privacy infringements while the law develops. Employers should take note of the former… → Read More