The Canadian Privacy Cases of 2014

As we move more into 2015, I thought I’d put together my own list of the more interesting Canadian privacy cases of 2014. These are judicial decisions so there’s no Commissioner findings or orders here. Some of these I’ve blogged about; others I’ve simply noted for future reference. I’ve not seen a similar list so feel […]

FATCA: Charter Challenge?

The federal government has now solved a major problem for Canada’s banks by entering into an intergovernmental agreement concerning FATCA with the United States. The details about the privacy implications of FATCA can be found in previous posts here, here and here. With this agreement, the “end game” of FATCA compliance for Canada appears close at hand and there’s an important […]

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 […]

Are people expecting too much privacy from Cole?

Since the Supreme Court of Canada (SCC) decision in R. v. Cole was issued in October 2012, I’ve seen press reports, blog posts and law firm newsletter articles talk about the existence of computer-related expectations of privacy in an employment context. This is somewhat contrary to the conventional wisdom that employers, with notice and through […]