Tag archives: Canada

Act 25 – Demystifying privacy impact assessments with the CAI’s new tools

With most provisions of the Act to modernize legislative provisions as regards the protection of personal information (Act 25) having just come into effect on September 22, public bodies and enterprises (organizations) will now need to conduct privacy impact assessments (PIA) during various projects that involve personal information. A PIA is an impact analysis that takes all … Continue reading

Deal-maker or deal-breaker: the legal ins and outs of using AI in M&A

Deals involving AI bring about specific and unique issues for consideration during the due diligence process. Understanding the specific challenges created by AI is important for companies to ensure that the AI technology holds genuine value and would not raise red flags during the course of a transaction. Some important advice for companies looking to … Continue reading

Building Cyber Resiliency In the Energy Sector

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

Practical steps for businesses to comply with Bill C-27: part 2

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

Autonomous Vehicles – Canada’s Current Legal Framework: Privacy (Part 4)

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

Bring-Your-Own-Device Programs: A Balance Between Privacy and Cybersecurity

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

Ontario Court of Appeal Limits Application of Tort of Intrusion Upon Seclusion for Cyberattacks

Data Protection Report - Norton Rose FulbrightIn 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

Autonomous Vehicles – Canada’s Current Legal Framework: Liability in Motor Vehicle Accidents (Part 3)

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

Rare recovery in a complex ransomware case: Major NetWalker arrest leads to significant asset seizure

Data Protection Report - Norton Rose FulbrightNorton 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

Autonomous Vehicles – Canada’s Current Legal Framework: Cybersecurity Considerations (Part 2)

Norton Rose Fulbright - Data Protection Report blogThe emergence of autonomous vehicles (AVs) in Canada will present a number of cybersecurity challenges and risks.  AV manufacturers will need to consider these risks and address them early in the design and development process of their products. In this post, we discuss some of the key cybersecurity risks associated with AVs, strategies to mitigate … Continue reading

Contracting for Cybersecurity Risks: Mitigating Weak Links

Data Protection Report - Norton Rose FulbrightManaging 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

Privacy and Cybersecurity Due Diligence Considerations in M&A Transactions

Data Protection Report - Norton Rose FulbrightPrivacy and cybersecurity practices of target companies are being increasingly scrutinized throughout the due diligence process in M&A transactions. Particularly, buyers want to understand the risk and value inherent in sellers’ data assets and sellers want to manage transactional and post-closing risks. In the course of their privacy and cybersecurity due diligence, buyers should consider … Continue reading

OSFI’s Technology and Cyber Risk Management Guideline: Part 2

In July of this year, the Office of the Superintendent of Financial Institutions (OSFI) released the final version of its 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 to ensure that they have taken steps to … Continue reading

Autonomous Vehicles – Canada’s Current Legal Framework: A Primer (Part 1)

In recent years, autonomous vehicle (AV) technology has undergone rapid development and it is predicted that AVs may soon be in a state to displace human driving altogether. In Ontario, the Automated Vehicle Pilot Program is currently in place to permit the testing of certain AVs by vehicle manufacturers. As AV technology continues to develop, however, … Continue reading

OSFI’s Technology and Cyber Risk Management Guideline: Part 1

innovation circuit boardOn 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

Alberta OIPC’s 2022 PIPA Breach Report – Trends and Key Takeaways

On July 27, 2022, the Office of the Information and Privacy Commissioner of Alberta (OIPC) released its 2022 PIPA Breach Report.[1] The report analyzes the nearly 2,000 breach reports[2] received by the OIPC during   the ten year period since reporting was mandated in Alberta under the Personal Information Protection Act (PIPA)[3]. The PIPA Breach … Continue reading

Canada’s artificial intelligence legislation is here

On 16 June 2022 the Canadian federal government introduced Bill C-27, also known as the Digital Charter Implementation Act 2022. If passed, this package of laws will: Implement Canada’s first artificial intelligence (AI) legislation, the Artificial Intelligence and Data Act (AIDA). Reform Canadian privacy law, replacing the Personal Information Protection and Electronic Documents Act with … Continue reading

Bill C-11: Canada proposes new data privacy legislation

Norton Rose Fulbright - Data Protection Report blogOn November 17, 2020, the Minister of Innovation, Science and Industry, Navdeep Bains, tabled proposed legislation in Parliament that aims to overhaul Canada’s data privacy law. Bill C-11, entitled An Act to enact the Consumer Privacy Protection Act and the Personal Information and Data Protection Tribunal Act and to make consequential and related amendments to … Continue reading

COVID tracing & AI: Physically distant, socially together

Data Protection Report - Norton Rose FulbrightAs the second wave of COVID-19 spreads across Canada, the use of COVID-19 tracing apps is on the rise. For example, the Government of Canada released COVID Alert–an app using Bluetooth technology to help people report positive diagnoses, and control the spread of the virus. The success of the app depends on a high quantity … Continue reading

Draft mandatory data breach reporting regulations released for comment in Canada

Data Protection Report - Norton Rose FulbrightOn September 2, 2017, the Government of Canada published proposed new regulations in the Canada Gazette, which set out specifics regarding the mandatory data breach reporting requirements under the Personal Information Protection and Electronic Documents Act. The PIPEDA Amendments were passed in June, 2015 but are not yet in force.… Continue reading

IP Addresses as Personal Information: the Canadian and EU Positions Contrasted

Data Protection Report - Norton Rose FulbrightThe October 19, 2016 judgment of the European Court of Justice in the matter brought by Patrick Breyer against the Federal Republic of Germany (the “EU Decision”) raises the issue of whether an IP address is personal information under the EU Directive 95/46/EC and provides an interesting comparison with the Canadian perspective.… Continue reading
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