Yukon’s Health Information Legislation
Canada’s Yukon Territory joins other domestic jurisdictions in moving to implement personal health information legislation. The Health Information Privacy and Management Act, introduced in November, is now in second reading. Leaving aside the trend to including EHR governance in personal health information statutes, there are some intriguing aspects to the bill not found in other statutes […]
“Personal Information” in Canada: Is Change Coming?
Alberta’s PIPA was recently declared unconstitutional by the Supreme Court of Canada (“SCC”) in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401. In reading the decision, the issue appears to be the broad, circular definition of “personal information” in that statute. Since a similar definition of personal information is found in the federal, BC […]
Privacy, Computers & Search Warrants
The Supreme Court of Canada issued another privacy-related decision last week. Not only is it a significant refinement of search and seizure law it is also, with apologies to Pink Floyd, another “brick in the wall” with respect to building privacy rights in the context of computing devices.
Corporate Conduct & Privacy Damages
The privacy bar sat up and took notice last week of a decision out of Halifax that upped the ante when it comes to PIPEDA damage awards. The case is more about “reprehensible conduct” than “harm suffered” and one question that immediately comes to mind is whether it represents an evolution in judicial thinking about […]
PIPEDA & Commercial Activity: The Latest
This is a story about a lawyer, his insurer and the Law Society (and, no, it’s not about me). Normally, this is not a topic one sees in this blog but it just happens to involve the latest judicial decision that touches upon what constitutes “commercial activity” for the purposes of PIPEDA. I have to […]
Ontario EHR Governance Arrives…
I had previously written on the subject of electronic health records here, as well as about their governance here. The latter post was about the state of EHR governance in Ontario, especially when one considers legislative developments in Alberta and BC. It seems that the current Liberal government has decided to address the issue with the […]
The Privacy Case of the Year?
As we mark the technical end of summer, I can’t help but think that we’ve already seen the privacy case of the year. Granted we still have another three months left in 2013 but R. v. Telus has a lot going for it – especially in this increasingly “mobile” world.
Getting Fired for Privacy Violations: The New Normal?
I never thought I’d ever mention Kim Kardashian in a blog post but, surprisingly, I find myself doing so in the context of a privacy breach. The “human element” in privacy violations – whether by error or omission in conduct or a willful or deliberate act – plagues organizations subject to breach notification requirements. Leaving aside […]
Employee Privacy & Safety: The Latest
The last month has seen an uptick in privacy cases worthy of consideration. The latest that I’ve gotten around to perusing is Communications, Energy and Paperworkers Union of Canada, Local 30 v. Irving Pulp & Paper Ltd released by the Supreme Court of Canada in June. I think the case is more about arbitral precedents […]
Since the FACTA posts on this blog have generated a lot of traffic, I thought I’d pass along some information from my good friend Peter McLaughlin in Morrison Foerster’s New York office. It appears the IRS have decided to shift the implementation date for FATCA from 31 December 2013 to 1 July 2014. Not a […]