Osler Privacy Jurisprudence Review

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Osler Privacy Jurisprudence Review – Fourth Edition – Summer 2025 Osler Privacy Jurisprudence Review – Fourth Edition – Summer 2025

June 18, 2025 2 MIN READ
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In today’s digital era, where personal data flows with unprecedented speed and volume, the role of Chief Privacy Officers (CPOs), in-house counsel, and compliance professionals has never been more critical — or more complex. This publication aims to provide an analysis of the latest developments in Canadian privacy law, offering valuable insights into the judicial decisions and legal trends shaping privacy law in Canada. By examining key case law and emerging issues, our goal is to equip CPOs with the strategic foresight and expertise necessary to navigate the evolving intersection of legal standards, technological innovation, and business priorities.

Through expert commentary, we explore how organizations can achieve compliance and proactively address the challenges posed by rapidly advancing technologies and shifting regulatory landscapes.

Osler’s specialized Privacy Disputes team and National Privacy and Data Management practices regularly collaborate on thought leadership initiatives on the AccessPrivacy by Osler platform to provide integrated insights on privacy and data litigation issues that draw from the expertise of both groups. These include the widely attended 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 AI and governance.

By combining deep expertise in litigation and privacy law with a forward-looking approach to technology and governance, Osler remains a trusted partner for organizations striving to stay ahead in the rapidly evolving privacy landscape.

The authors wish to thank Tamara Kljakic, Andrea Korajlija, Brodie Noga, Marie-Laure Saliah-Linteau and Josy-Ann Therrien for their valuable contribution to this publication.

Privacy class action: data breaches

Privacy breaches, whether arising from misuse of data or ransomware attacks, are driving class actions across Canada.

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Biometric

Legal concerns surrounding the use of biometric data are intensifying, driven by the strict regulatory frameworks that govern its collection and management.

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The legal implications of the unauthorized collection or use of personal information highlights the importance of obtaining consent.

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Privacy interests and torts

Striking a balance between transparency and the protection of personal information promotes accountability while ensuring the security of sensitive data. 

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Access to information

Compelled disclosure is a central concern as organizations consider both access to information and privacy concerns. 

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Jurisdiction of privacy authorities

Confidentiality orders can only be issued by the judicial authority hearing the claim and orders cannot be imposed retroactively.

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AI and privacy

As the use of artificial intelligence grows, the protection of Canadian businesses’ confidential information comes into focus.

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