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Category Archives: Privacy Act

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Disclosing a Litigant’s Private Information during Judicial Proceedings is not a Privacy Breach

Posted in Legislation, Privacy, Privacy Act

It has long been settled that in civil actions, the public interest in getting at the truth will, absent special circumstances, trump the litigants’ right to privacy. In fact, the introduction of legal proceedings allows the parties, at the discovery stage, to probe into each other’s files and force the disclosure of otherwise confidential information,… → 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

When Loose Lips Will (or Will Not) Sink Ships: Privilege, Privacy and Wilfulness

Posted in Privacy, Privacy Act

The Background On July 26th, 2016, the Supreme Court of British Columbia released an interesting decision that addresses questions regarding: (1) the scope of privilege that applies to work done by lawyers in relation to judicial proceedings; and (2)  the interpretation of BC’s Privacy Act with respect to the requirements of “wilfulness” In Duncan v…. → Read More

Federal Agency Sanctioned for Private Company’s Actions (or, why there’s one less reality TV show on tonight)

Posted in Privacy, Privacy Act

The Office of the Privacy Commissioner of Canada (“OPC”) has found the Canada Border Services Agency (“CBSA”) responsible for the intrusive actions taken by reality TV producers –  a private sector company – the party that was responsible for obtaining and releasing personal information of a detainee.  While the OPC conceded that the collection of  the detainee’s personal… → Read More