Articles

About Articles The following articles are published by the Privacy Law Section of the Ontario Bar Association. Members are encouraged to submit articles. About Articles

Editors: Sarah Nasrullah and Katelyn Smith

Today
Today

Privacy Class Actions in Canada: the misconceptions, the pitfalls and the path forward

  • March 26, 2021
  • Sage Nematollahi, KND Complex Litigation

Courts in Ontario and Alberta have recently issued several significant decisions in privacy class actions. These two decisions followed the prevailing trend of the dismissal of privacy class actions in Canada, in which courts have generally found that there is no evidence of harm, or that the information at issue did not rise to a level that would support the finding of a reasonable expectation of privacy, or both.

Class Actions, Privacy Law, Student Forum

Facebook Competition Lawsuit Links Privacy as Anti-competitive Harm to Users

  • January 26, 2021
  • Dany H. Assaf, Molly Reynolds, Zirjan Derwa, Ronak Shah and Ally Lawrence

On December 9, twin U.S. lawsuits against Facebook were launched that will shape the competition and privacy landscape for years to come. They were initiated by the U.S. Federal Trade Commission (FTC) and a coalition of Attorneys General from 48 U.S. states and territories.

Privacy Law, Student Forum
Canada’s New Federal Privacy Bill

Canada’s New Federal Privacy Bill

  • November 23, 2020
  • Sarah Nasrullah

Earlier this week, Minister Bains (Minister of the Innovation, Science and Economic Development) tabled Bill C-11, the Digital Charter Implementation Act, 2020. Part I will enact the Consumer Privacy Protection Act (CPPA or the Act) and repeal Part I of PIPEDA. Part II will enact the Personal Information and Data Protection Tribunal Act (PIDPTA). Here are a few key highlights.

Privacy Law, Student Forum

Key Privacy and Cybersecurity Issues Financial Institutions Should be Thinking About

  • November 04, 2020
  • Ronak Shah, Molly Reynolds, Joel Ramsey

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.

Privacy Law, Student Forum
Privacy: Legal and Business Needs

Privacy: Legal and Business Needs

  • October 28, 2020
  • Marian Serna

When it comes to privacy, understanding the applicable legislation is just the first step for a legal professional. Balancing individuals’ privacy needs with businesses’ ability to implement adequate privacy and cybersecurity protections is troublesome. To understand our role as legal professionals in the privacy industry, we first need to appreciate the ecosystem’s external and internal quirks. This article aims to provide insights into the practicalities of privacy.

Privacy Law, Student Forum

OPC Guidance on the Internet of Things – Privacy Safeguards for Connected Devices

  • October 13, 2020
  • By Chloe Snider and Luca Lucarini

The IoT Guidance by the OPC provides overdue clarity on how the Personal Information and Protection of Electronic Documents Act (“PIPEDA”) applies to Internet of Things (“IoT”) devices, and guidance to manufacturers of those devices on specific security and other measures they should consider.

Privacy Law, Student Forum

Children and Youth Privacy Rights Enhanced under Part X of the CYFSA- Panel Summary

  • July 09, 2020
  • Kimberley Ishmael and Sakshi Chadha

Co-chair Kimberley Ishmael summarizes the highlights of a program discussing the new rights and obligations stemming from Part X of the Child, Youth and Family Services Act. The program, which was held by webcast on June 25, 2020, was jointly hosted by the OBA's Privacy and Access to Information Law Section and Child and Youth Law Section.

Privacy Law, Student Forum