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: Amanda Branch and Mitchell Koczerginski

Today
Today
B.C., Alberta and Quebec Privacy Regulators Issue Binding Orders Directing Clearview AI to Comply with Recommendations

B.C., Alberta and Quebec Privacy Regulators Issue Binding Orders Directing Clearview AI to Comply with Recommendations

  • January 21, 2022
  • Ellen Xu

On December 14, 2021, the British Columbia, Alberta and Quebec privacy regulators issued separate legally binding orders directing Clearview AI to comply with recommendations made in their recent Report of Findings coauthored with the Office of the Privacy Commissioner of Canada. Ellen Xu explores the practices that gave rise to the investigation against Clearview and the recommendations with which Clearview has been ordered to comply.

Privacy Law, Student Forum

China's New Privacy Legislation: The Personal Information Protection Law

  • January 21, 2022
  • Nicholas Wall

On November 1, 2021, the new law governing privacy in the People's Republic of China (PRC) came into effect. The Personal Information Protection Law (PIPL) contains substantive privacy obligations and has the potential to significantly impact organizations operating both within and outside of the PRC. Nicholas Wall provides an overview of PIPL's scope of application, central principles and restrictions on cross-border transfers.

International Law, Privacy Law, Student Forum
Claire Davis, Healthcare of Ontario Pension Plan

The Permanent and Irreversible Disposal of Personal Information

  • November 14, 2021
  • Claire Davis, Healthcare of Ontario Pension Plan

Although there are no current signs of Bill C-11 (Digital Charter Implementation Act, 2020) being revived in Parliament, the re-election of the Liberal government suggests that it is only a matter of time before it is reintroduced in some form. To prepare for this event, this commentary analyzes one of the more controversial aspects of Bill C-11: its obligations for the disposal of personal information.

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

Welcome Message from the Chair

  • September 28, 2021
  • Jaime Cardy

An introductory welcome to the 2021-2022 Season from the Privacy and Access to Information Law Section Chair, Jaime Cardy.

Privacy Law, Student Forum

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
Jaime Cardy

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
Sarah Nasrullah

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
M. Talal Farrukh Irfan Khan

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