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

Editor: Mitchell Koczerginski


Behind the Screen: Navigating Law Enforcement Requests Post R v. Bykovets

  • April 02, 2024
  • Mitch Koczerginski, Robbie Grant, McMillan LLP

In R v. Bykovets, the Supreme Court found that there is a reasonable expectation of privacy in IP addresses and, as such, law enforcement need judicial pre-authorization to obtain access to them. This article provides a brief overview of the SCC’s decision and discusses important considerations under Canadian privacy law when determining the extent to which a business may disclose personal information to law enforcement without consent.

Criminal Justice, Privacy Law, Student Forum

Top Five Privacy Developments in Canada: A Year in Review 2023

  • January 16, 2024
  • Roland Hung, Torkin Manes LLP

As another year has come to an end and we have already embarked on a new year, we take this opportunity to reflect on a number of significant changes to Canadian privacy law. From promising developments to proposed legislation to a groundbreaking investigation, there is much to review as we head into 2024. This article reviews the top five recent developments we encountered this year.

Privacy Law, Student Forum

Office of the Privacy Commissioner Releases Nine Principles for Generative AI

  • January 04, 2024
  • Roland Hung, Torkin Manes LLP

On December 7, 2023, the Office of the Privacy Commissioner of Canada released an article with nine principles intended to guide developers, providers and organizations to properly navigate the development and use of generative artificial intelligence. Privacy concerns arise where the AI is trained on data sets that include personal information.

Privacy Law, Student Forum

To Use or Not to Use: Navigating Privacy Risks Associated with Generative AI Tools

  • October 13, 2023
  • James G. Kosa, Vipal Jain and Yatin Sidhu, summer student, Weirfoulds LLP

Generative AI tools like ChatGPT, Cohere, and DALL-E2 are popular tools that allow organizations to generate images, text, sounds and creative content based on a prompt. While these tools can provide practical benefits such as improved efficiency and productivity, they raise privacy risks which are important to mitigate.

Privacy Law, Student Forum

Case Update: Google LLC v Canada (Privacy Commissioner)

  • October 13, 2023
  • Govind K Chaturvedi

The Federal Court of Appeal recently upheld the ruling of the Federal Court wherein it was held that the Personal Information Protection and Electronic Documents Act (PIPEDA) should apply to Google’s search engine results, as they have a commercial interest in it by way of ads and also connecting two players.

Privacy Law, Student Forum

How Canadian Courts Have Ruled on Liability in Wire Transfer Fraud

  • September 26, 2023
  • Mavra Choudhry, Molly Reynolds, Julie Himo, Nic Wall

Redirecting bank wire transfers has become an increasingly common method of fraud, frequently perpetuated through hacking or otherwise impersonating individuals representing a business. In the aftermath, there is often dispute about who bears responsibility for the financial loss: the company that mistakenly sent funds to the wrong bank, or the company whose email was hacked.

Privacy Law, Student Forum

Regulating Generative Artificial Intelligence: Balancing Innovation and Risks*

  • June 23, 2023
  • Roland Hung, Torkin Manes LLP

In a matter of months, generative AI has been adopted ravenously by the public, thanks to programs like ChatGPT. The increasing use (or proposed use) of generative AI by organizations has presented a unique challenge for regulators and governments across the globe. This article summarizes some of the key legislation or proposed legislation around the world that tries to strike the balance between fostering innovation while mitigating risks associated with the technology.

Privacy Law, Student Forum

Corporate Responsibility in the Deployment of Facial Recognition Technology: Prioritizing Transparency and Accountability

  • May 02, 2023
  • Moushmi Mehta & Yonida Koukio

Facial recognition technology has become increasingly popular among businesses for various applications, including security, marketing, and customer service. However, with the widespread adoption of this technology, there are growing concerns over its potential impact on privacy, human rights, and data protection.

Entertainment, Media and Communications Law, Privacy Law, Student Forum