For the energy sector, cybersecurity has been a top-of-mind issue for some time. This is particularly true given some of the high-profile cyber-attacks seen in recent years that have grabbed not only media headlines but also resulted in operational disruption, financial losses and legal exposure. The challenge with cybersecurity is attacker tactics are constantly evolving … Continue reading
In our previous update, we summarized key operational elements that businesses should be aware of under the proposed Consumer Privacy Protection Act (CPPA), and provided practical tips to help businesses comply with these new requirements. As currently drafted, the CPPA codifies a number of best practices and recommendations issued by the Office of the Privacy Commissioner of Canada … Continue reading
On February 17, 2023, the Illinois Supreme Court decided, by a 4-3 vote, that each time a private entity scans or transmits an individual’s biometric information without complying with Illinois Biometric Information Privacy Act (BIPA), that constitutes a separate violation under BIPA. (Cothron v. White Castle System, Inc., 2023 IL 128004 (Ill. Feb. 17 2023).) … Continue reading
As data breaches and cyber attacks continue to surge and attackers become more sophisticated, organisations are well aware that the need for robust data security measures is becoming increasingly important. In Hong Kong, the Office of the Privacy Commissioner for Personal Data (the PCPD) recently published a Guidance Note on Data Security Measures for Information … Continue reading
The Attorney General’s Department released its Privacy Act Review report on 16 February 2023, that includes the broad suite of reforms you would expect to bring Australia’s privacy laws in to line with both international standards and the reality of our data-based economy. These include enhanced data subject rights and increased accountability requirements for organisations collecting and … Continue reading
Across the globe, the race is already underway among vehicle manufacturers to develop fully autonomous vehicles (AVs). AVs currently under development make sense of their surroundings and control vehicle operation through data gathered about the outside world. Like other connected vehicles, AVs can also collect and use specific personal information about a driver (e.g., through … Continue reading
A ”bring your own device” (BYOD) program is a popular arrangement used by employers, whereby employees use their personal devices (e.g., smartphones, laptops, or tablets) for both personal and business purposes. Last year, about two-thirds of Canadian private sector employers had at least one employee using personal devices for business-related activities.[1] While the BYOD approach … Continue reading
On February 1, 2023, the Federal Trade Commission announced a complaint and stipulated order with GoodRx, with the FTC using for the first time its interpretation of the Health Breach Notification Rule. Under the Rule, the FTC interpreted a “breach” to include disclosures of personal health information without notice to the individual and consent by … Continue reading
Over a year ago the FTC fired the first warning shot – the FTC health breach notification rule would be used as the basis for enforcement actions where sites and apps shared health information without a user’s permission. Following suit, a few months ago, OCR announced guidance of its own that expanded the class of … Continue reading
Late December and early January tend to be a busy time for everyone, so you may have missed a privacy update or two during that time. We have set out some updates in the form of questions, with some links where you can find more information. Answers are below. 1. Colorado issued a revised draft … Continue reading
In three recent cases, the Court of Appeal for Ontario effectively curtailed the ability of privacy breach victims to advance claims under the tort of intrusion upon seclusion against organizations for failing to prevent unauthorized access to personal information by third parties. However, while these cases should provide some reassurance that a cyberattack may not … Continue reading
As autonomous vehicle (AV) technology continues to grow in functionality and sophistication, it is only a matter of time before AVs become commercially available across Canada. The arrival of autonomous vehicles in Canada will raise a number of liability-related questions that touch on the areas of owner liability, product liability, and auto insurance. In this … Continue reading
On 13 December, the European Commission launched the process to adopt an adequacy decision for the EU-US Data Privacy Framework (EU-US DPF). The draft decision – available here – addresses the concerns raised by the Court of Justice of the European Union (CJEU) in its Schrems II decision of July 2020. These concerns centred around … Continue reading
Norton Rose Fulbright Canada’s cyber litigation team recently obtained an order in favour of an insurer, granting it relief from forfeiture in respect of more than 11 bitcoins from the assets seized from a prolific ransomware gang.[1] This case was the first of its kind and confirms an insurer’s ability to seek recovery for losses … Continue reading
On 17 November 2022, the Information Commissioner’s Office (ICO) published an update to its guidance on international transfers (Transfers Guidance). This included specific guidance about transfer risk assessments or TRAs and a tool for undertaking TRAs (the TRA Guidance and TRA Tool, respectively). In its blog post accompanying the updated Transfers Guidance, the ICO makes … Continue reading
On November 30, 2022, an Illinois court of appeals ruled that Illinois’ biometrics privacy law—known as BIPA—requires that anyone subject to that law must develop a retention and destruction schedule when it possesses biometric data. In this case, the court found that the employer (J&M Plating Inc.) violated BIPA because it did not create its … Continue reading
HHS: Online trackers without prior authorization and BAAs can violate HIPAA By Steve Roosa, Sue Ross, Dan Rosenzweig On the evening of December 1, 2022, the U.S. Department of Health and Human Services (HHS) issued a 12-page Bulletin titled “Use of Online Tracking Technologies by HIPAA Covered Entities and Business Associates (the “Bulletin”). In the … Continue reading
Managing vendor risks includes putting pen to paper. Organizations are increasingly susceptible to risks outside their controlled IT infrastructure as they engage third-party vendors to manage online platforms and process data. Even though an organization may have little to no control over a vendor’s security practices, it bears the ultimate responsibility for safeguarding its own … Continue reading
It appears Snap has become the most recent company to pay a settlement for alleged violations of Illinois Biometric Information Privacy Act (“BIPA”). The law, which gives consumers a private right of action, has become a popular class action and source of significant penalties. Indeed, Snap joins a string of other companies that have already … Continue reading
On July 13, 2022, the Office of the Superintendent of Financial Institutions (OSFI) released its final Guideline B-13 (the Guideline), setting out technology and cyber risk management expectations for all federally regulated financial institutions (FRFIs), such as banks, insurance and trust companies. FRFIs will need ensure that they have taken steps to comply with the requirements … Continue reading
The House of Commons recently introduced Bill C-27, the successor to Bill C-11, which died on the docket when Parliament was dissolved in the fall of 2021. Bill C-27 introduces three new acts: the Consumer Privacy Protection Act (“CPPA”), the Personal Information and Data Protection Tribunal Act, and the Artificial Intelligence and Data Act (“AIDA”), which … Continue reading
In our previous publication, we discussed the legal obligations and procedural considerations surrounding maintaining records of privacy incidents. While the specific obligations vary by jurisdiction, maintaining some form of a record that tracks privacy incidents is a statutory obligation for private-sector organizations subject to Quebec, Alberta, or federal laws. Organizations should also be aware of … Continue reading
Google’s Data Safety Forms must be submitted by July 20, 2022. According to Google, failing to post by July 20, 2022 can result in the rejection of new Google Play app submissions. After July 20,200, non-compliant apps could face removal from the Google Play. It’s the business’s job to take ownership over the accuracy of … Continue reading
In this article we distil critical lessons from the Federal Court’s recent decision in Australian Securities and Investments Commission v RI Advice Group Pty Ltd[1] and practical actions to be taken by Boards and executive management. Boards and organisations should assess their cybersecurity risk management activities in light of the decision and ask whether current … Continue reading