The Law of Cybersecurity & In-House Counsel

Last month saw an interesting study emerge from the Maurer School of Law at Indiana University. It discusses the current and potential role of lawyers in the area of cybersecurity and the emerging, but still nascent, field of cybersecurity law. This is not a topic one sees today at CPD sessions for lawyers and that alone […]

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 […]

FATCA Revisited

I’ve written about FATCA before, here and here, with respect to the privacy law implications of this American tax compliance initiative. However, I was recently presented with a letter on the subject that made me pause.  A noted Canadian constitutional law expert has raised a rather interesting aspect and it seems what may get Canadian […]

Canada & The PATRIOT Act: Get Over It

It is somewhat fitting that Halloween and the anniversary of the enactment of the PATRIOT Act are close together. In Canada, the latter, which turned 10 last week, has come to embody fear about government access to personal information.  The troubling part is that this fear may needlessly complicate life for everyone in this country.

New ABA Book on Information Security & Privacy

I was pleasantly surprised to receive my copy of Information Security and Privacy: A Practical Guide for Global Executives, Lawyers and Technologists — I contributed the section on Canada. It is a new book from the Science and Technology Law Section of the American Bar Association. Thomas Shaw did a very good job piecing together a […]