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Eye on Privacy
 
Privacy Law Section Newsletter

Call for Articles

Just finished arguing an important privacy case? Recently attended a great privacy conference? Learning about how a certain privacy issue is tackled in other jurisdictions? If so, please consider sharing your thoughts, expertise, or experiences with your privacy colleagues by submitting an article for the OBA Privacy Section Newsletter!

Our goal in producing the Newsletter is to provide Section members, their clients and the academic community with articles and updates of interest on privacy law and privacy issues.

All submissions must be sent as an attached Microsoft Word document via email to Allison.Knight@oic-ci.gc.ca.

In this issue:

  • Upcoming Program: 2012 OBA Institute - Privacy Law
  • A Privacy Handbook for Lawyers: PIPEDA, the Practice of Law and Litigation
  • Mandatory Breach Reporting Thresholds – A Summary of the Results of Workshops Exploring the Meaning of the “Real Risk of Significant Harm” breach notification threshold under the Personal Information Protection Act (Alberta)
  • The Safeguarding Canadians’ Personal Information Act
  • Warrantless GPS and Expectations of Privacy
  • Privacy and Trust Research Project - Call for Contributions


Volume 11, No. 2 - August/Août 2011

In this Issue:

  • A Case for Embedding Privacy in Cyber Defence Strategy
  • Personal Use by Employees of Employer-Owned IT Assets: Courts Reaffirm the Importance of Sound Policies
  • Employee Privacy Rights Finally Recognized?
  • Privacy Commissioner Lambastes Hospital for Repeat Privacy Breach
  • Knowing Your Client: Chief Privacy Officers Share their Experience and Offer Some Insight
  • Two Courts of Appeal Stake Out Different Philosophical Approaches to Privacy
  • From the Editorial Desk
  • Suzanne Morin to Receive 2011 Karen Spector Memorial Award for Excellence in Privacy Law
  • Luncheon with the Regulators
     
Volume 11, No. 1 - February/Février 2011

In this Issue:

  • Judicial Policy, Anachronisms and Contextual Analysis in Liquor Control Board of Ontario v. Magnotta Winery Corporation
  • Federal Court Finds Privacy Commissioner Lacks Authority to Determine Claims of Privilege
  • Almost Right: The Application of the Freedom of Information and Protection of Privacy Act to Hospitals
  • PIPEDA Case Law Update: Federal Court Issues a Landmark Decision on Damages; Ontario Court of Appeal Deals with the Issue of Disclosure of Mortgage Information to a Third Party Creditor
  • Jennifer Stoddart Honoured as 2010 Recipient of the Karen Spector Memorial Award for Excellence in Privacy Law
  • Designing Privacy Protection: News from the 32nd International Conference of Data Protection and Privacy Commissioners
  • Privacy Regulators Weigh in on Behavioural Advertising
  • From the Editorial Desk
Volume 10, No. 2 - May/Mai 2010

In this Issue:

  • The Nascent Tort of Invasion of Privacy
  • Privacy Breach Notification: A Snapshot of Laws in Canada
  • A Year in Review: Key Findings of the Privacy Commissioner of Canada in 2009
  • Bill C-27, the Electronic Commerce Protection Act: Spam and PIPEDA Amendments
  • Insurance Fraud: Association Claims OPC’s Guidelines on Covert Surveillance Unduly Inhibit Private Investigators
  • From the Editorial Desk
Volume 10, No. 1 - October/Octobre 2009

In this Issue:

  • Legal Requirements for Privacy Impact Assessments: Jurisdictional Survey
  • Privacy and Litigation
  • Insurance Fraud and Covert Surveillance
  • Privacy Commissioner of Canada Speaks on the Increasingly International Dimension of Privacy
  • Privacy News In Brief


Volume 9, No. 2 - April/Avril 2009

In this Issue:
  • Caselaw Update: Police Background Checks
  • Solicitor-Client Privilege and Privacy Legislation
  • GE's Response to the Challenges of Docment Retention and e-Discovery: Information Governance 101 - A one-year course
  • Common Law Invasion of Privacy: Where are we now?
  • No Trash Talk Here as the Supreme Court Assesses the Privacy Value of Trash
  • Processing Personal Data Across Borders
  • Access to Electronic "Records" under Freedom of Information Legislation
  • From the Editorial Desk
Volume 9, No. 1 - December/Décembre 2008

In this Issue:
  • Review of the Ontario Personal Health Information Protection Act, 2004 and Shared Electronic Health Record Repositories: Can the New British Columbia E-Health (Personal Health Information Access and Protection of Privacy) Act be a Guide for Statutory Reform?
  • Application of Privacy Laws to Employee Information in a Sale of Business
  • Personal Information from Online Sources and Employment Recruitment
  • The Companion Sniffer-Dog Cases, R. v. Kang-Brown and R. v. A.M.: Privacy Rights More Broadly Defined, but More Easily Denied
  • Case Comment: Canada (Privacy Commissioner) v. Blood Tribe Department of Health
  • House of Lords Clarifies Relationship between Scottish Access and Privacy Laws
  • The OBA Karen Spector Memorial Award for Excellence in Privacy Law
  • From the Editorial Desk

Volume 8, No. 3 - May/Mai 2008

In this Issue:

  • To Notify or Not to Notify
  • When the Government Commits a Privacy Breach or Causes Identity Theft
  • Bill C-27: Identity Theft and Related Misconduct
  • Privacy and Video Surveillance under FIPPA and MFIPPA
  • IPC Special Report on TTC Video Surveillance
  • Recent Cases Illustrate Polarity of Privacy Rules for Litigants
  • Swiping Away Our Privacy
  • From the Editorial Desk
  • The OBA Karen Spector Memorial Award for Excellence in Privacy Law

Volume 8, No. 2 - January/Janvier 2008

In this Issue:

  • Message from the Chair
  • From the Editorial Desk
  • Two Perspectives on Government's Response to the Parliamentary Committee's Review of the Personal Information Protection and Electronic Documents Act
  • Why Some Recommendations were Rejected and Others Endorsed?
  • Status Quo in the Foreseeable Future
  • Courts, Ontario's Information and Privacy Commissioner Decide on Privacy Rights of Sellers of Used Goods
  • Australia and the APEC Data Privacy Framework
  • Ontario Superior Court Issues a Landmark Decision on the Right of Privacy under the Charter
  • The Law Commission of Ontario: Open for Business
  • OBA Privacy Law Section — New Members Welcome
  • OBA Young Lawyers' Division — What Membership in Our Section Can Do for You

Volume 8, No. 1 - August/Août 2007

In this issue:

  • Message from the Past Chair - by Mark S. Hayes
  • Letter from the Editor - by Jason Young
  • Security and Records Management Under the Personal Health Information Portection Act, 2004: Messages from the Commissioner's Office - by Anita Fineberg
  • Police Background Checks - Balancing Public Safety, Security and Privacy - by John Swaigen
  • Review of Key Recommendations from the 2007 PIPEDA Review Report - by Alex Cameron
  • An Argument for a Collaborative Approach to Privacy Protection - by Darcie Sherman
  • Excuse me, are you a threat to aviation security? Canada's No-Fly List - by Katie Black
  • Understanding Church and State - The Occupational Health and Safety Department and PHIPA - by Dan Michaluk
  • RFP -- Responding Fearlessly to the Province: How to Rely on the Third Party Exemption when Responding to Government RFPs in Ontario - Jeanette Teh
  • Ontario Court of Appeal Provides Direction Regarding the Collection of Personal Information under Ontario's Public Sector Privacy Legislation - by Priscilla Platt

Volume 7, No. 3 - April/Avril 2007

In this issue:

  • Message from the Chair - by Mark S. Hayes
  • The PIPEDA Review Will Lead to Changes in the Act, but What Will They Look Like? - by Murray Long
  • Binding Corporate Rules - by Eduardo Ustaran
  • Examining the Role of the Privacy Commissioner of Canada in Judicial Proceedings - by Kris Klein and Megan Brady
  • Trans-jurisdictional Outsourcing Involving Personal Information:  Canadian Approaches - by Bonnie Freedman
  • Push and Pull:  Negotiating the Transfer of Passenger Name Record Information - by Allison Knight
  • Notifications under PHIPA - by Elaine Ashfield
  • Video Surveillance Use by Municipalities in Ontario - by Louise Vrebosch and Michael Migus
  • Identity (ID) Theft:  How to advise your clients when they ask what to do? - by Corinne D. Leon
  • Case Comment on Rousseau v. Wyndowe:  Access to Personal Health Information under the Common Law, PIPEDA and PHIPA - by Michael Migus

Volume 7, No. 2 - November/Novembre 2006

In this issue:

  • Message from the Chair - by Mark Hayes
  • Ian Gilmour Scott — In Memoriam - by David W. Scott, QC; Hon. David Peterson, PC, QC; Hon. Bob Rae, PC, QC; David H. Flaherty, Ph.D.; Jason Young
  • Ian Scott's Contribution to Freedom of Information and Privacy in Ontario - by Justice Sidney B. Linden and David Goodis
  • Excluding Information from Data Protection Legislation: The Standard of De-Identification - by Carole Lucock
  • Solicitor-Client Privilege Exemption under PIPEDA — Recent Decisions - by Priscilla Platt
  • A Review of Some of the Recent Amendments to the Québec Act Respecting the Protection of Personal Information in the Private Sector - by Karl Delwaide
  • Mixed Signals: The Admissibility of Video Surveillance Evidence Against Employees - by Helen Gray
  • To What Extent does PIPEDA apply to personal information typically collected, used and disclosed by trade unions? - by Louisa Garib
  • We Know Where You Live - by Bob Tarantino
  • Review of PIPEDA Case Summary #333 on Transfers of Personal Information to Affiliates - by Howard R. Fohr 

Volume 7, No. 1 - October/Octobre 2006

In this issue:

  • Message from the Chair - by Mark Hayes
  • Letter from the Editor - by Jason Young
  • The Changing Face of Privacy - by Ann Cavoukian, Ph.D., Information and Privacy Commissioner of Ontario
  • Putting Workplace Privacy on the Employer's Radar Screen: The Role of Counsel - by Dr. Avner Levin 
  • 3web vs. Gorman: A Case Comment - by Peter Ruby and Vanessa MacDonnell
  • Privacy Piracy: Digital Rights Management, Para-Copyright and the Primacy of Privacy - by David Fewer 
  • Remedying PIPEDA: Two Proposals for More Effective and Accessible Privacy - by Mathew Englander
  • PHIPA Order Clarifies HICs' Responsibilities for Breach of Health Privacy - by Lonny J. Rosen
  • The Modernization of Investigative Techniques Act: A Civil Liberties Critique of Proposed Subscriber Information Provisions - by Laura Huey, Michael Vonn and Joel Diakow 
  • Lose a Friend or Loved One?

Volume 6, No. 4 - June/Juin 2006

In this issue:

  • Year End Message - by Mark S. Hayes
  • Letter from the Editor - by Jason Young
  • Important - Specialization Survey
  • Soft Surveillance, Hard Consent - by Ian Kerr, Jennifer Barrigar, Jacquelyn Burkell and Katie Black
  • Reasonable Expectations for Privacy: The View from the Business World - by Drew McArthur 
  • Reviewing PIPEDA: A Chance to Change Direction - by Christopher Berzins 
  • The Federal Accountability Act & Privacy: Changes in Legislation - by E. Michael Power and Warren Mucci  
  • School Drug Searches and the Reasonableness Standard - by Allison Knight 
  • RFID Technology vs. Privacy - by Darcie Sherman 
  • Unlocking Ontario's Health Privacy Lock Box: Part II - by Sylvia Klasovec 
  • Publications
  • Multimedia Products
  • Section Executive 2005-2006 

Volume 6, No. 3 - May/Mai 2006

In this issue:

  • Message from the Chair - by Mark Hayes  
  • The Role of Legislation in a Comprehensive Approach to Privacy and Security - by Peter Cullen  
  • Recognition of Invasion of Privacy as a Tort in its Own Right: Has Gordias' ox cart been freed in Ontario? - by Alex Cameron   
  • Liability for Disclosure of Customer Information - by David T.S. Fraser  
  • PIPEDA Review Provides Opportunity for Significant Improvements - by Murray Long  
  • Are Voice Recordings Personal Information? - by Gregory Tzemenakis  
  • Jurisdiction of Privacy Commissioner of Canada to be Clarified - by Howie Fohr  
  • Bill 14: The Regulation of Non-Lawyers in the Provision of Legal Advice and its Impact on Privacy Advice - by Priscilla Platt  
  • Upcoming Programs  
  • Publications  
  • Multimedia Products  
  • Section Executive 2005-2006 

Volume 6, No. 2 - January/Janvier 2006

In this issue:

  • Canadian Privacy Obligations in International Outsourcing - by Alex Cameron 
  • Unlocking Ontario's Health Privacy Lock Box: Part I - by Sylvia Klasovec 
  • Privacy Breach is a Call for Change - by Candice Teitlebaum 
  • Proposed Change to the Regulation Specifying Additional Investigative Bodies for the Purposes of Paragraphs 7(3)(d) and (h.2) - by Priscilla Platt and Jeff Kaufman
  • PIPEDA Exemption for Ontario Health Information - by Brian C. Keith
  • Medical records found scattered across Toronto streets: Commissioner Cavoukian issues first Order under new law
  • A Report on the OBA Program on Transferring Personal Information Outside of Canada: Cross-Border and International Issues
  • 2006 Institute of Continuing Legal Education
  • Publications
  • Multimedia Products
  • Section Executive 2005-2006 

Volume 6, No. 1 - October/Octobre 2005

In this issue: 

  • Message from the Chairby Mark Hayes  
  • Reflections from a Privacy Commissioner - by David Loukidelis  
  • Disclosure of Information Permitted in Emergency or other Urgent Circumstances  
  • Disclosures under PIPEDA's "Investigative Body" Exemption - by Catherine Thompson
  • PIPEDA's 2006 Review - The CBA Submission to Industry Canada - by David Young  
  • Alberta Information and Privacy Commissioner Reprimands Law Firms for Lack of Attention to Impact of Privacy Laws - by Sara Levine and Jeanette Teh  
  • YOU MAY HAVE MISSED ...  
  • New Chair of Sections  
  • 2006 Institute of Continuing Legal Education 
  • Publications  
  • Section Executive 2005-2006  

Volume 5, No. 1 - April/Avril 2005

In this issue:

  • Karen Spector - In Memoriam 
  • Outsourcing in British Columbia & the USA PATRIOT Act: A Primer - by Sara A. Levine and Sarah Gingrich  
  • The Powers of the Privacy Commissioner with respect to Examination of Documents subject to Solicitor-Client Privilege pursuant to the Personal Information Protection and Electronic Documents Actby Edith Cody-Rice 
  • New Ontario Privacy Act First in 14 Years - by John Swaigen
  • R. v. Tessling: Supreme Court Strikes Down Key Privacy Ruling - by John Swaigen  
  • Telcos Must Seek Consent to Publish Subscribers' Personal Information in Phone Book, Online - by Jason Young 
  • Telemarketing: Recent Legislative and Regulatory Developments - by Stephen Zolf  
  • Short Notices Project - by Mary O'Donoghue
  • Browsers Beware - by B. C. Keith 
  • Data Commissioner of Zurich Visit with Privacy Section Executive - by Donald Henderson 
  • Upcoming Program 
  • Publications 
  • Section Executive 2004-2005 

Volume 4, No. 2 - June/juin 2004

In this Issue:

  • Ontario Court Confirms PIPEDA Exception to Surveillance for Litigation - by R. Gail Goodman and Jeffery A. Kaufman
  • Message from the Co-Chairs - by Jeffrey A. Kaufman and Priscilla Platt
  • The Outsourcing Conundrum - by Priscilla Platt
  • Privacy as a Fundamental Value in Canadian Society - by Barbara A. McIsaac, Q.C., Gregory S. Tzemenakis and Howard R. Fohr
  • The Right to Privacy as a Fundamental Value in a Free and Democratic Society - by Barbara A. McIsaac, Q.C., Gregory S. Tzemenakis and Howard R. Fohr
  • Concerning a Reference to the Court of Appeal of Quebec in Relation to the Personal Information Protection and Electronic Documents Act - by Karen A. Spector
  • Uncle Sam's Big Brother? The Exposure of Canadian Personal Information to American Investigations - by Brian C. Keith
  • OBA Dinner Meeting on Bill 31 - by Anita Fineberg
  • Coming Soon to the Health Sector Near You: An Advance Look at the Bill 31, the Ontario Personal Health Information Protection Act (“PHIPA”)- by John P. Beardwood

Volume 4, No. 1 - October/Octobre 2003

In this Issue:

  • Practising Privacy Law
  • Message from Your Co-Chairs
  • Client Privacy - Recent Developments in Solicitor and Client Privilege
  • Supreme Court to Decide whether Police heat Surveillance Violates Protected Privacy Rights
  • Digital Template being Developed to Facilitate Compliance with Privacy Laws
  • Employee Surveillance under PIPEDA: A Case Comment on Ross v. Rosedale Transport Ltd.

Volume 3, No. 3 - May/Mai 2003

In this Issue:

  • The Safe Harbor: Privacy in the United States
  • 'Use' of Personal Information Within an Organization - Only What's Necessary Please
  • "Your Papers Please" - Commons Committee Studies National Identity Card
  • Canada's Air Passenger Data Base Gets More Privacy Protection
  • "A" is for "Accountability": The Primary Privacy Principle
  • Inside the Privacy Investigation

Volume 3, No. 2 - January/Janvier 2003

In this Issue:

  • The Privacy-Compliance Imperative for Ontario Lawyers
  • Message from the Chairs
  • ISP Liability for Withholding E-mails
  • Federal "Lawful Access" Proposals May Invade Privacy, Commissioners Fear
  • Achieving Privacy Compliance
  • "The Privacy Payoff" - Timely Advice for Business

Volume 3, No. 1 - September 2002

In this Issue:

  • Bank-Related Website Reports under PIPEDA re. Access, Collection and Disclosure
  • Message from the Chair
  • Anti-terrorism initiatives erode privacy
  • Federal Court Allows IMS Health Case to Proceed
  • "Substantially Similar" Applied
  • Non-Statutory Restrictions on the Use of Personal Information

Volume 2, No. 2 - March 2002

In this Issue:

  • Made-in-Ontario 11": The Draft Ontario Privacy of Personal Information Act
  • Message from the Chair and Vice Chair
  • European Commission Recognizes Canada's Private Sector Privacy Law, but...
  • Privacy Diagnostic Tool helps gauge how you are treating personal information
  • A Wish List for Ontario's Private Sector Privacy Law: Commissioner Ann Cavoukian
  • Threshold Issues in Privacy - The Crucial Questions

Volume 2, No. 1 - November 2001

In this Issue:

  • The Privacy Commissioner's Views
  • Message from the Chair and Vice Chair
  • Bill C-36
  • Public Sector Lawyers' Corner
  • Employee E-mail Privacy: Lessons from the U.S.A.
  • Public Sector Lawyers' Corner
  • Hot Topics

Volume 1, No. 1 - March 2001

In this Issue:

  • The New Federal Privacy Law: who's caught and who's not
  • Message from the Chair and Vice Chair
  • Message from the Co-Editors
  • Canada's New Information Privacy Law: An Overview of the Compliance Requirements
  • Employment Considerations under the Personal Information Protection and Electronic Documents Act
  • Public Sector Lawyers' Corner
  • Health Privacy Law — News from Across Canada
  • The Children's Online Privacy Protection Act (COPPA) — What's New on the International Front
  • Privacy Law Section Executive 2000-2001

 

In this issue: