Articles 2019


R. v. Jarvis: privacy is not an “all-or-nothing” concept

  • May 02, 2019
  • Stacey Reisman, Jon Silver, and Ronak Shah

In R v. Jarvis, the Supreme Court of Canada established a robust approach to individual privacy rights thereby opening the door for courts to apply Canada’s constitutional privacy framework to alleged invasions of privacy between individuals. The decision has implications in the criminal law context, and beyond.

Privacy Law, Student Forum

Protecting Against Developer Error: Addressing Appropriate Data Management Procedures and Measures for Developers Today… and Tomorrow

  • April 17, 2019
  • William Lim

Facebook discovered a data breach in 2013 due to the inadvertent interaction between two of its features. The Privacy Commissioner of Canada (“Commissioner”) investigated the cause and aftermath of the breach and decided that the remedial measures Facebook implemented following this breach was sufficient. Would that decision be upheld by a Court in a claim for negligence? What additional but practical technical measures could Facebook have implemented to avoid being found negligent?

Privacy Law, Student Forum

Privacy Commissioner’s Consent Guidelines Come Into Force

  • February 24, 2019
  • Imran Ahmad, Wendy Mee, and Amir Eftekharpour

How can organizations ensure that they are obtaining meaningful consent to the collection, use, and disclosure of personal information? The Office of the Privacy Commissioner of Canada weighs in with a guidance document outlining guiding principles and a checklist of "Must-do" and "Should-do" items.

Privacy Law, Student Forum

All Eyes on Consequences of Facial Recognition Technology

  • January 21, 2019
  • Mark Hayes and Adam Jacobs

While facial recognition technology is increasingly prevalent in our day-to-day lives, the authors highlight concerns regarding compliance with applicable privacy laws.

Privacy Law, Student Forum

Allocating Risk and Preparing For a Data Breach

  • January 21, 2019
  • Shan Alavi

All organizations, large or small, are prone to privacy breaches, the cost of which can cripple an organization that is not prepared to handle such threats. No organization is immune, but every organization can mitigate the risks.

Privacy Law, Student Forum

Decision Narrows Definition of Facebook Privacy

  • November 20, 2018
  • Mark Hayes and Adam Jacobs,

The Ontario Superior Court recently differentiated between the reasonable expectation of privacy associated with Facebook Messenger and text messages. This article explores whether that distinction was justified.

Privacy Law, Student Forum

Privacy Commissioner Says Public Profiles Are Private

  • October 22, 2018
  • Imran Ahmad, Katherine Barbacki, and Alexia Magneron

Report from the Office of the Privacy Commissioner of Canada sheds light on the limits that Canadian privacy regulators can impose on the use of publicly available personal information on social networking platforms.

Privacy Law, Student Forum