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: Ian Amirthanathan  and Katelyn Smith

Today
Today

Covid-19 Vaccine Passports: A Joint Statement from Canada’s Privacy Commissioners

  • June 29, 2021
  • Amanda Branch and Prudence Etkin

On May 19th, 2021 Canada’s Federal, Provincial and Territorial Privacy Commissioners released a joint statement on the privacy implications of Covid-19 vaccine passports. Vaccine passports may offer substantial public benefits; however, in exchange for access to these benefits, individuals will be required to disclose personal health information. As a result, the Commissioners emphasize the importance of addressing privacy considerations from the outset.

Privacy Law, Student Forum
OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

OBA Privacy Law Summit 2021 – PHIPA in the Age of Digital Health

  • June 29, 2021
  • Jaime Cardy, Adjudicator at the Office of the Information and Privacy Commissioner of Ontario

In the session “PHIPA in the Age of Digital Health,” panelists Mary Jane Dykeman (INQ Law), Anita Fineberg (Anita Fineberg & Associates Inc), Daniel Girlando (Borden Ladner Gervais LLP), and Erica Zarkovich (LifeLabs), discussed the recent amendments to the Personal Health Information Protection Act, 2004 (PHIPA), and emerging issues in digital health.

Health Law, Privacy Law, Student Forum
15 Questions in 15 Minutes with Molly Reynolds

15 Questions in 15 Minutes with Molly Reynolds

  • April 29, 2021
  • Molly Reynolds and Sarah Nasrullah

Sarah Nasrullah, Co-Newsletter Editor of the Privacy Executive, interviewed Molly Reynolds, the Chair of the Privacy and Access to Information Law Section.

Privacy Law, Student Forum
Drone Photograph a Breach of Privacy

Drone Photograph a Breach of Privacy

  • April 28, 2021
  • M. Talal Farrukh Irfan Khan

In a recent decision, the Grand Traverse Circuit Court in the State of Michigan (No. 349230, LC No. 18-034553-CE), the court found that the use of a drone to photograph a couple’s home infringed their “reasonable expectation of privacy."

Privacy Law, Student Forum

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

What’s up with WhatsApp?

  • February 27, 2021
  • Nevethan Balendra

On January 6, 2021, WhatsApp announced that it would update its Privacy Policy to help it better integrate with other Facebook products, making sharing information with Facebook mandatory for WhatsApp users. This prompted many responses online calling for users to leave WhatsApp and to use more “privacy friendly” messaging apps, such as Telegram and Signal. This article discusses the impact of WhatsApp's new Privacy Policy on Canadian users.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law

Can the CPPA Strengthen Brand Loyalty?

  • February 27, 2021
  • Maggie Vourakes

In November 2020, the federal government introduced Bill C-11 (The Digital Charter Implementation Act). The proposed bill would overhaul Canada’s existing federal private sector privacy law PIPEDA with a modernized replacement known as the Consumer Privacy Protection Act.

Privacy Law, Student Forum, Information Technology and Intellectual Property Law

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