Canada

Earlier this month, the Office of the Privacy Commissioner of Canada (“OPC”) released a summary of its key recommendations for a new federal private sector privacy law (the “Key Recommendations”), one that would update or replace the existing Personal Information Protection and Electronic Documents Act (“PIPEDA”).[1] The federal government most recently attempted to amend…

“The past,” wrote novelist L.P. Hartley, “is a foreign country: they do things differently there.” Although Hartley wrote those words in 1953, they’ve never been truer than they are today in our highly digitized society. Just 40 years into the past, for example, the adjective “digital” was often used to…

The privacy environment has changed significantly since I took office in 2014. Following 9/11, the need to protect against further terrorist attacks seemed to outweigh privacy interests of individuals. This trend has changed with time, in part due to the Edward Snowden revelations made in 2013. The urgency of adopting…

In Simpson v. Facebook, Inc., the Ontario Divisional Court upheld the dismissal of the plaintiff’s certification motion against Facebook in a proposed class action alleging that the personal data of Canadian Facebook users was improperly shared with the Cambridge Analytica Group (“Cambridge Analytica”). The Divisional Court concluded that the action was…

Summary Bill 64, An Act to modernize legislative provisions as regards the protection of personal information, was adopted by the National Assembly on Tuesday, September 21, 2021 and has received official assent on September 22, 2021. It will come into force in three stages following assent, with some provisions coming into…

Limitation of liability clauses are common in IT service contracts, and are well accepted under Québec civil law. In 6362222 Canada inc. v Prelco inc., 2021 SCC 39, the Supreme Court of Canada unanimously held that such a clause could not be nullified based on the doctrine of breach of…

On December 3rd, the Minister of Health and Social Services, Mr. Christian Dubé, introduced Bill 19 – An Act respecting health and social services information and amending various legislative provisions – (“Bill 19“)[1] which significantly modernizes privacy within the health and social services system. The purpose of Bill 19 is…

As privacy law reform legislation multiplies in Canada, each pursuing its own direction, around the world privacy law reform is also splintering through varied legislative developments. Even Europe’s assertive stance on uniformity with the adoption of the General Data Protection Regulation (GDPR) to replace national privacy laws with one European…

Privacy in Quebec is about to get a major makeover — one that may lead to wider reforms across Canada. In September, lawmakers enacted Bill 64, which aims to modernize crucial aspects of the various laws governing individuals’ privacy in Quebec, amending provisions involving consent, data protection officers, notice, individuals’…

MPC Privacy Insights Series brings you a timely webinar at the start of the year. With the Quebec privacy reform leading the charge, Canadian companies are waking up the realization that privacy legislation is changing. From breach notification to penalties for violations, the message is clear: privacy has an impact…