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


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
Sarah Nasrullah

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

Key Privacy and Cybersecurity Issues Financial Institutions Should be Thinking About

  • November 04, 2020
  • Ronak Shah, Molly Reynolds, Joel Ramsey

Accelerated digitization of the financial industry coupled with upcoming regulatory changes means privacy and cybersecurity issues will continue to be forefront issues that financial institutions will grapple with. Outlined below are five key privacy and cybersecurity issues organizations within the financial sector should be focusing on.

Privacy Law, Student Forum
Marian Serna

Privacy: Legal and Business Needs

  • October 28, 2020
  • Marian Serna

When it comes to privacy, understanding the applicable legislation is just the first step for a legal professional. Balancing individuals’ privacy needs with businesses’ ability to implement adequate privacy and cybersecurity protections is troublesome. To understand our role as legal professionals in the privacy industry, we first need to appreciate the ecosystem’s external and internal quirks. This article aims to provide insights into the practicalities of privacy.

Privacy Law, Student Forum