Articles 2021


You Are the Company You Keep: Managing Third Party Privacy Risk

  • July 04, 2024
  • Nadia Jandali Chao, partner, Lerners LLP

Privacy regulators across Canada are signalling an increased focus on a particular risk area: namely, reliance on service providers. This article explores various key developments.

Privacy Law, Student Forum

Ontario Privacy Commissioner Outlines Privacy-protective Steps for Use of AI and Engagement of AI Vendors

  • June 07, 2024
  • Jaime Cardy, Dentons Canada LLP

Canadian organizations implementing artificial intelligence products to process personal information are currently working in a vacuum, with no definitive standards or frameworks to guide them. However, a recent report by Ontario's IPC provided recommendations for ensuring the privacy-protective adoption of such technologies.

Privacy Law, Student Forum

Navigating the Boundaries of Legal Privilege in the Wake of a Cyber Attack: Lessons Learned from the LifeLabs Breach

  • May 15, 2024
  • Mitch Koczerginski, Robbie Grant, Ada Ang, McMillan LLP

After experiencing a cyber attack, organizations tend to keep a tight grip on incident-related information, often by asserting some sort of legal privilege. In LifeLabs LP v. Information and Privacy Commr. (Ontario), a panel of the Divisional Court of Ontario’s Superior Court of Justice found that legal privileges asserted by LifeLabs did not apply to, among other things the forensic investigation report prepared by a third-party cybersecurity consultant.

Privacy Law, Student Forum

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.

Business Law, Canadian Corporate Counsel Association - Ontario Chapter, Privacy Law and 1 more..., 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