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The European Union flag in the European Parliament in Strasbourg by © European Union 2013 - European Parliament. (Attribution-NonCommercial-NoDerivs Creative Commons license) https://flic.kr/p/eJxnjR

The Law Bytes Podcast, Episode 200: Colin Bennett on the EU’s Surprising Adequacy Finding on Canadian Privacy Law

A little over five years ago, I launched the Law Bytes podcast with an episode featuring Elizabeth Denham, then the UK’s Information and Privacy Commissioner, who provided her perspective on Canadian privacy law. I must admit that I didn’t know what the future would hold for the podcast, but I certainly did not envision reaching 200 episodes. I think it’s been a fun, entertaining, and educational ride. I’m grateful to the incredible array of guests, to Gerardo Lebron Laboy, who has been there to help produce every episode, and to the listeners who regularly provide great feedback. 

The podcast this week goes back to where it started with a look at Canadian privacy through the eyes of Europe. It flew under the radar screen for many, but earlier this year the EU concluded that Canada’s privacy law still provides an adequate level of protection for personal information. The decision comes as a bit of surprise to many given that Bill C-27 is currently at clause-by-clause review and there has been years of criticism that the law is outdated.  To help understand the importance of the EU adequacy finding and its application to Canada, Colin Bennett, one of the world’s leading authorities on privacy and privacy governance, joins the podcast.

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April 22, 2024 — 3 comments — Podcasts
Privacy - Privacy Online by Blue Coat Photos www.bluecoat.com/ (CC BY-SA 2.0) https://flic.kr/p/uegRLR

The Law Bytes Podcast, Episode 168: Privacy Commissioner of Canada Philippe Dufresne on How to Fix Bill C-27

It has taken many months, but Bill C-27, the government’s long overdue effort at privacy reform finally is headed to committee for review. Philippe Dufresne, the Privacy Commissioner of Canada, has been patiently waiting for this moment, armed with a comprehensive review of the bill and a wide range of recommendations for amendments that include a more explicit framing of privacy as a fundamental right. 

 Dufresne was appointed as Canada’s privacy commissioner nearly one year ago and in months since has made numerous committee appearances, issued high profile findings involving companies such as Home Depot, battled Internet companies in the courts, and worked on the privacy implications of AI.  He joins the Law Bytes podcast to reflect back on his first year in the position and to outline his proposals to strengthen Canada’s best shot at a modernized privacy law.

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May 29, 2023 — 2 comments — Podcasts
Privacy is a Human Right by The Tor Project, Inc. (CC BY 3.0 US) https://blog.torproject.org/privacy-is-a-human-right/

The Law Bytes Podcast, Episode 164: Teresa Scassa on the Latest Canadian Court Ruling on Facebook and What It Might Mean for Privacy Reform

The controversy over Facebook and Cambridge Analytica was back in the spotlight in Canada as the Federal Court sided with Facebook and against the Privacy Commissioner of Canada in a decision arising from a 2019 investigation into the matter. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings, took the matter to court, and won. What lies behind the decision and what does it mean for privacy in Canada? My colleague Teresa Scassa, who holds the Canada Research Chair In Information Law, is widely regarded as one of Canada’s leading privacy law experts. She posted on the decision soon after its release and joins the Law Bytes podcast to talk about the ruling and its broader implications. 

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April 24, 2023 — 9 comments — Podcasts
Mark Zuckerberg F8 2019 Keynote by Anthony Quintano (CC BY 2.0) https://flic.kr/p/2fMDgqa

Canada’s Privacy Failure: Federal Court Dismisses Privacy Commissioner’s Complaint Against Facebook Over Cambridge Analytica

The Federal Court of Canada last week dismissed the Privacy Commissioner of Canada’s complaint against Facebook stemming from alleged privacy violations involving Cambridge Analytica. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings and took the matter to court. Last week, a court sided with the social media giant, concluding that the Privacy Commissioner did not provide sufficient evidence that Facebook failed to obtain meaningful consent when sharing information with third-party applications and rejecting a claim that Facebook did not adequately safeguard user information. The Cambridge Analytica case sparked investigations and complaints worldwide, leading to a $5 billion penalty in the U.S., significant settlements of private lawsuits, fines in the UK, and extensive new rules in the European Union. Yet in Canada, the case against the company has been dismissed, raising troubling questions about how it was handled and the adequacy of Canadian privacy law.

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April 17, 2023 — 9 comments — News
Tiktok by Solen Feyissa https://flic.kr/p/2jjP6YL (CC BY-SA 2.0)

The TikTok Block: Why Does the Canadian Government Seem to Embrace Weak Privacy Rules?

The Canadian government often talks about the importance of privacy, but actions speaks louder than words. Not only has privacy reform clearly not been a priority, but the government seems more than willing to use the weak privacy rules to further other policy goals. There is an obvious price for the government’s indifference to privacy safeguards and it is paid by millions of Canadians when major privacy incidents (think Tim Horton’s or Home Depot) result in no substantive changes and no urgency for reform from the government. Indeed, as I noted yesterday on Twitter, the government has managed to rush through user content regulation in Bill C-11 and mandated payments for links in Bill C-18, but somehow privacy reform in Bill C-27 has barely moved. Some of the responsibility must surely lie with Innovation, Science and Industry Minister François-Philippe Champagne, who brings high energy to everything but privacy reform, but the decision reflects on the entire government. 

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February 28, 2023 — 5 comments — News
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