Authors
Partner, Disputes, Montréal
Partner, Disputes, Toronto
Partner, Disputes, Calgary
Partner, Disputes, Montréal
Partner, Disputes, Toronto
Partner, Disputes | Insolvency and Restructuring, Montréal
In an era marked by digital innovation and constant connectivity, personal information has never been more accessible and easily sourced. In this environment, Chief Privacy Officers (CPOs), in-house counsel and compliance professionals have become indispensable in managing increasingly complex matters involving privacy and data management. This report explores the latest developments in Canadian privacy law, highlighting notable judicial decisions and legal trends shaping privacy law in Canada. With a curated collection of case law and emerging topics, we aim to provide CPOs with the foundation necessary to manage evolving legal standards, technological advancements and business priorities.
Through expert commentary, we examine how organizations can ensure compliance and prepare to confront the challenges that come with developing technologies and changing regulatory landscapes.
Thought leadership initiatives on the AccessPrivacy by Osler platform bring together Osler’s specialized Privacy Disputes team and National Privacy and Data Management practices. Collaboration draws on the unique perspectives of both groups providing integrated insights on privacy and data litigation issues. These include Data Litigation Roundtable events on the AccessPrivacy monthly call that complement the Privacy Jurisprudence Review, as well as workshops and roundtables discussing emerging trends in artificial intelligence and governance.
With profound expertise in litigation and privacy law, Osler can help organizations stay informed in the rapidly evolving privacy space.
The authors wish to thank Tamara Kljakic, Victoria Luxford, Simone Penney, Clare Barrowman, Marie-Laure Saliah-Linteau and Josy-Ann Therrien for their contribution to this publication.
Privacy class action: data breaches
Class actions across Canada are being fuelled by events such as cyberattacks and alleged failures to protect sensitive data.
Privacy class actions: expectation of privacy
Claims for breach of contract in class actions arising from alleged failures to obtain prior consent for collection, use or disclosure of personal information.
Use of biometric data and facial recognition technology
Data collection objectives can outweigh privacy violations when a company can implement sufficient measures to minimize privacy intrusion on employees.
Privacy in procedural matters
Guidance on the application of privacy protections during pre-trial examinations, as it relates to social media activities.
Access requests
Compelled disclosure is a fundamental issue as organizations consider both access to information and privacy interests.
Statutory privacy and reasonable expectation of privacy
With no common law tort of invasion of privacy in B.C., the remedies for alleged breaches of privacy are limited to those set out in statute.
Application of privacy legislation to foreign corporations
Provincial privacy legislation can apply to foreign corporations that acquire personal information of individuals in the province.
