News
Ontario Court of Appeal Creates a New Privacy Tort
- on January 19, 2012
- in Court Decisions
Overturning a decision of the Superior Court, the Ontario Court of Appeal has recognized a common law tort for invasion of privacy, which allows individuals to sue others that invade their privacy. Justice Sharpe wrote for a unanimous panel: “It is appropriate for this court to confirm the existence of a right of action for intrusion upon seclusion. Recognition of such a cause of action would amount to an incremental step that is consistent with the role of this court to develop the common law in a manner consistent with the changing needs of society.” The court awarded Jones $10,000 in damages for having her financial records inappropriately accessed by a co-worker.
Alberta (Information and Privacy Commissioner) v. Alberta Teachers’ Association
- on January 9, 2012
- in Court Decisions, PrivaTips
On December 14, 2011 the Supreme Court of Canada upheld a decision made by the Alberta Information and Privacy Commissioner (IPC) regarding statutory timelines. The Court agreed with the IPC that the extension of the 90-day statutory set timeline for review would not terminate an inquiry or void a finding of non-compliance with Alberta’s Personal Information and Protection Act (PIPA).
Read More»Guidelines for Social Media Background Checks
- on January 9, 2012
- in Commissioner Guidance, PrivaTips
With social media becoming widely accessible, employers have taken this as an opportunity to gain background information on potential employees and volunteers.
With easy access to information the risk of violating privacy laws has become heightened. In response to growing privacy concerns and inquires, Alberta’s Office of the Information and Privacy Commissioner (OIPC) has released Guidelines for Social Media Background Checks.
Read More»Federal Privacy Commissioner’s New Behavioural Advertising Guidelines
- on January 9, 2012
- in Commissioner Guidance, PrivaTips
Online tracking of internet users for marketing purposes has become commonplace in the advertising world. These practices have recently been called into question by Canada’s privacy watchdog.
On December 6, 2011 the Canada’s Privacy Commissioner released new Guidelines for online behavioural advertising. This form of advertising involves gathers information from internet users over time by tracking their online activities, in order to deliver advertising directed at the users’ interests. Behavioural advertisers often build detailed personal profiles of users in order to assign them to various interest categories.
Read More»Alberta Privacy Commissioner wants Privacy Act Amendment given Court Ruling
- on December 5, 2011
- in Court Decisions, PrivaTips
Alberta’s Privacy Commissioner, Frank Work, is calling on government to strengthen the province’s privacy laws after the Supreme Court of Canada recently dismissed the Commissioner’s application for leave to appeal a 2008 ruling. The Alberta Court of Appeal found Leon’s Furniture Ltd. breached Alberta’s Personal Information Protection Act (PIPA) by collecting customer’s licence plates and driver’s licence numbers while picking up furniture. Alberta laws say businesses can “reasonably” collect and use personal information, however Work ruled that Leon’s had no reason to collect the information they did.
Read More»Saskatchewan Court Finds ISPs Didn’t Violate Privacy Rights in Naming Internet Users
- on December 5, 2011
- in Court Decisions, PrivaTips
In rejecting a constitutional challenge by two men convicted of child pornography charges, the Saskatchewan Court of Appeal has ruled no Charter violation occurred when Internet service providers gave police information on their customers.
Read More»Federal Privacy Commissioner Finds Government Privacy Breaches Need Attention
- on December 5, 2011
- in Commissioner Decisions, PrivaTips
The Office of the Privacy Commissioner of Canada’s Annual Report, tabled in the House of Commons in November, outlined that the Federal Government reported a record number of breaches of personal information to the Commissioner’s office last year.
The Commissioner also release audit reports involving the RCMP and CATSA, finding both of these public bodies have some cleaning up to do on the privacy front.
Read More»Businesses Unclear on Cloud Computing
A recently released Microsoft Canada survey conducted by Leger Marketing found that Canadian businesses are unclear when it comes to cloud computing. This confusion comes as no surprise because “cloud” can refer to a wide variety of different services. Simply put, the cloud is a network-based way to cost-effectively process, manage and stall data.
Read More»Federal Privacy Commissioner Expresses Concerns about Lawful Access Legislation
- on November 1, 2011
- in PrivaTips
Public Safety Minister Vic Toews has confirmed in recent weeks that the Conservatives intend to revive legislation they did not manage to pass as a minority government – three bills that would give police new capabilities to conduct electronic surveillance in the Internet age.
Read More»Bill C-12: PIPEDA Amendments Now Available
- on November 1, 2011
- in Legislation
The Safeguarding Canadians’ Personal Information Act, Bill C-12, is now available on the Government of Canada’s website. The bill proposes amendments to PIPEDA including a carve out for business e-mail addresses, breach notification rules, business transaction exemptions and disclosures to law enforcement.