Texas enacts comprehensive privacy law
Posted in Privacy lawTag archives: data privacy
Posted in Privacy lawBuilding Cyber Resiliency In the Energy Sector
Posted in Cybersecurity, Data Protection
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
Privacy law is becoming more technically sophisticated. So should you.
Posted in Compliance and risk management, Privacy lawAutonomous Vehicles – Canada’s Current Legal Framework: Privacy (Part 4)
Posted in Cybersecurity, Data Protection, Privacy law
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
Posted in Cybersecurity, Privacy law
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
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
Draft European Commission EU-US Data Privacy Framework adequacy decision published
Posted in Data Protection, Privacy law
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
Rare recovery in a complex ransomware case: Major NetWalker arrest leads to significant asset seizure
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
Privacy and Cybersecurity Due Diligence Considerations in M&A Transactions
Privacy 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
Posted in Cybersecurity, Privacy lawIn 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
Practical steps for businesses to comply with Bill C-27: Part 1
Posted in Compliance and risk management, Privacy law
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
Alberta OIPC’s 2022 PIPA Breach Report – Trends and Key Takeaways
Posted in Cybersecurity, Data breachEuropean rulings on the use of Google Analytics and how it may affect your business
Recent decisions out of the EU will impact the use of Google Analytics and similar non-European analytics services when targeting EU individuals, with the potential to put many organizations at risk of receiving GDPR fines. At issue was the transfer of personal data from the EU to the US through the use of Google Analytics. … Continue reading
Google Play Store Releases Data Safety Form
Posted in NT Analyzer Blog SeriesPrivacy legislation reform: Bill 64 has now been passed
US SEC announces three actions charging firms for cybersecurity deficiencies
Posted in Cybersecurity, EnforcementPIPL: A game changer for companies in China
Posted in Compliance and risk management, Cybersecurity
China passed its Personal Information Protection Law (PIPL) on 20 August 2021. This is China’s first omnibus data protection law, and will take effect from 1 November 2021 allowing companies just over two months to prepare themselves. The PIPL is a game changer for any company with data or business in China. It will add … Continue reading
China passes the Personal Information Protection Law
Posted in Compliance and risk management, CybersecurityChina passed its Personal Information Protection Law (PIPL) on 20 August 2021. The new law will take effect from 1 November 2021 allowing companies just over 2 months to prepare themselves. The full text has not been made public yet. In addition, China published the Provisions on the Administration of Security of Automobile Data (For … Continue reading
Google/Android announces privacy requirements
Posted in NT Analyzer Blog Series
Google announced that it will follow industry standards with respect to privacy obligations.… Continue reading
Navigating Virginia’s new privacy law
Posted in NT Analyzer Blog Series
Virginia recently enacted its own data protection/privacy law and like its European and Californian predecessors, the technical piece is key. Like the GDPR and CCPA, the Consumer Data Protection Act (“CDPA”), which goes into effect on January 1, 2023, broadly defines “personal data” as “any information that is linked or reasonably linkable to an identified … Continue reading
Virginia’s new Consumer Data Protection Act
Posted in Compliance and risk managementCCPA regulations: perhaps the fourth time is the charm
Posted in CCPA
On December 10, 2020, the California Attorney General proposed a fourth set of modifications to the California Consumer Privacy Act (CCPA) regulations, in response to comments received regarding the October proposed modifications. (We had written about the October proposals here.)… Continue reading
Bill C-11: Canada proposes new data privacy legislation
On 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
Posted in Compliance and risk management, Data Transfer
As 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
