Post Tagged with: "pipeda"

Google Search Engine CC0 Creative Commons https://pixabay.com/en/google-search-engine-76522/

Does Canadian Privacy Law Apply to Google Search?

Last week, the Privacy Commissioner of Canada filed a reference with the federal court in a case that was billed as settling the “right to be forgotten” issue. Yet a careful read of the application reveals that the case isn’t about the right to be forgotten. Rather, it involves a far more basic issue: is Google’s search engine service subject to PIPEDA, Canada’s private sector privacy law? The case arises due to a right-to-be-forgotten complaint (a complainant wants search results referencing news articles they say are outdated, inaccurate, and disclose sensitive information removed from the Google search index), but the court is not being asked whether the current law includes a right-to-be-forgotten. Instead, the very application of Canadian privacy law to Google search is at stake.

Read more ›

October 16, 2018 6 comments News
IAPP by forester401 (CC BY-NC-SA 2.0) https://flic.kr/p/Y4B7dW

PIPEDA at 20: Time for PIPEDA 2.0

Earlier this year, I had the honour of delivering a keynote address at the IAPP’s 2018 Canadian Privacy Symposium in Toronto. My talk argued that as Canada’s private sector privacy law turns 20 (it was first introduced in the fall of 1998), an updated statute is long overdue, focusing on issues such as enforcement, consent, and big data. A video of the talk has now been posted online. The slides can be accessed here.

 

Read more ›

July 13, 2018 1 comment News
RTBF event http://www.cjf-fjc.ca/j-talks/striking-balance-privacy-and-freedom-expression-digital-age

Striking the Balance: Privacy and Freedom of Expression in the Digital Age

The Canadian Journalism Foundation and CIPPIC partnered on a terrific event yesterday on privacy and freedom of expression in the digital age.  The event, held at the Globe and Mail Centre in Toronto, focused on the right to be forgotten. It included conversations with Privacy Commissioner of Canada Daniel Therrien, Google’s Peter Fleischer, and a debate between David Fraser and Keith Rose. I was featured on the final panel in a conversation with the Globe and Mail’s Susan Krashinsky Robertson. The discussion, embedded below, focused on a wide range of privacy issues, including the need to update PIPEDA, pressure from the EU to improve Canada’s privacy law, how to foster meaningful consent, and the right to be forgotten.

Read more ›

April 5, 2018 Comments are Disabled News
Anthem Breach Notification by Tony Webster https://flic.kr/p/setXj5 (CC BY 2.0)

Coming Soon (or at least by November): Government Sets a Date for Data Breach Disclosure Rules To Take Effect

Several years after passing into law, the Canadian government has finally set an effective date for long-overdue data breach disclosure rules. The requirements were included in the Digital Privacy Act that was passed in 2015, but the accompanying regulations literally took years to finalize. Earlier this year, I argued that the failure to expedite security breach disclosure rules was an embarrassing failure for successive Conservative and Liberal governments, placing the personal information of millions of Canadians at risk and effectively giving a free pass to companies that do not adequately safeguard their customers’ information.

Read more ›

April 4, 2018 2 comments News
delete by Mixy Lorenzo (CC BY-NC-SA 2.0) https://flic.kr/p/7bGe9M

No Longer Fit for Purpose: Why Canadian Privacy Law Needs an Update

Canada’s private sector privacy law was first introduced 20 years ago, coinciding with the founding of Google and predating Facebook, the iPhone, and the myriad of smart devices that millions of Canadians now have in their homes. Two decades is a long time in the world of technology and privacy and it shows. There has been modest tinkering with the Canadian rules over the years, but my Globe and Mail opinion piece notes the law is struggling to remain relevant in a digital age when our personal information becomes increasingly valuable and our consent models are little more than a legal fiction.

The House of Commons Standing Committee on Access to Information, Ethics and Privacy last week released the results of a comprehensive study into Canadian privacy law. The report, which features 19 recommendations, provides Innovation, Science and Economic Development Minister Navdeep Bains with a road map for future reforms (I appeared before the committee as one of 68 witnesses from across the policy spectrum).

Read more ›

March 6, 2018 2 comments Columns