In Ottawa, there’s talk of an election. From a privacy perspective, this raises questions not only about the fate of Bill C-29 (PIPEDA amendments) but also the anticipated-later-this-year second review of PIPEDA. Even if there isn’t an election, no one knows for sure about the timing of the enactment of C-29 in relation to the […]

If you’re someone caught up in a data breach or a person who can point to an actual violation of privacy, an obvious question is whether you suffered harm and should you be compensated? Three PIPEDA-related decisions from Canadian courts in 2010 offer a glimpse of different approaches to the subject of privacy-related damages. 

As noted in the previous post, we now have a new American law – the Foreign Accounts Tax Compliance Act (“FATCA”) — that essentially requires organizations in Canada to identify clients who are American; obtain their consent to the disclosure of sensitive personal information to the IRS or withhold the provision of a service for […]

Somewhere along the line Canadians developed an almost pathological paranoia about the U.S. PATRIOT Act but this post isn’t about that legislation. No, it’s about the new American kid on the block: the Foreign Accounts Tax Compliance Act* (“FATCA”). It actually makes one feel sorry for financial institutions and other organizations affected by this legislation.

Well, it’s not actually a secret but it is something that not too many people have focused on. It’s the fact that the withdrawal of the Personal Information Protection and Electronic Documents Act (“PIPEDA”) from provincial jurisdictions with substantially similar legislation may legally complicate the ability of Canadian organizations in those jurisdictions to receive data […]