Tag archives: data protection

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

Photo of Travis WalkerPhoto of Imran Ahmad (CA)By Travis Walker and Imran Ahmad (CA) on Posted in Cybersecurity, Data breach, Data Protection, Privacy law
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)

Photo of Suzie Suliman (CA)Photo of Imran Ahmad (CA)By Suzie Suliman (CA) and Imran Ahmad (CA) on Posted in Cybersecurity, Data Protection
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

Draft European Commission EU-US Data Privacy Framework adequacy decision published

Photo of Marcus Evans (UK)Photo of Lara White (UK)Photo of Shiv Daddar (UK)By Marcus Evans (UK), Lara White (UK), Shiv Daddar (UK) and Janine Regan (UK) on 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

Photo of Andrew McCoombBy Andrew McCoomb on Posted in Cybercrime, Cybersecurity, Data breach, Data Protection, Ransomware
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)

Photo of Liana Di Giorgio (CA)Photo of Imran Ahmad (CA)By Liana Di Giorgio (CA) and Imran Ahmad (CA) on Posted in Cybersecurity, Data Protection
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

Photo of Liana Di Giorgio (CA)Photo of Tiana Corovic (CA)By Liana Di Giorgio (CA) and Tiana Corovic (CA) on Posted in Cybersecurity, Data breach, Data Protection
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

Photo of Liana Di Giorgio (CA)By Liana Di Giorgio (CA) on Posted in Cybersecurity, Data Protection, M&A Transactions, Privacy law
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

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

Photo of Imran Ahmad (CA)Photo of Liana Di Giorgio (CA)By Imran Ahmad (CA) and Liana Di Giorgio (CA) on Posted in Cybersecurity, Privacy law
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

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

Photo of John Cassell (CA)Photo of Imran Ahmad (CA)Photo of Miranda SharpeBy John Cassell (CA), Imran Ahmad (CA) and Miranda Sharpe on Posted in Cybersecurity, Data breach
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

Photo of Maya MedeirosPhoto of Jesse BeatsonBy Maya Medeiros and Jesse Beatson on Posted in General
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

European rulings on the use of Google Analytics and how it may affect your business

Photo of Steve Roosa (US)Photo of Christoph Ritzer (DE)Photo of Nadège Martin (FR)Photo of Jurriaan JansenPhoto of Daniel Rosenzweig (US)Photo of Naomi SchuitemaPhoto of Natalia Filkina (DE)Photo of Barbara Ghebali (FR)By Steve Roosa (US), Christoph Ritzer (DE), Nadège Martin (FR), Jurriaan Jansen, Daniel Rosenzweig (US), Naomi Schuitema, Natalia Filkina (DE) and Barbara Ghebali (FR) on Posted in Cybersecurity, NT Analyzer Blog Series, Privacy law
European rulings on the use of Google Analytics and how it may affect your businessRecent 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

Privacy in a Parallel Digital Universe: The Metaverse

Photo of Imran Ahmad (CA)Photo of Tiana Corovic (CA)By Imran Ahmad (CA) and Tiana Corovic (CA) on Posted in General, Metaverse, PIPEDA, Privacy law
Data Protection Report - Norton Rose FulbrightFor many years, the immersive three-dimensional digital world has been left to the cinematic experience. However, the emergence of the metaverse presents an opportunity to translate everyday activities – working, attending a concert, travelling, shopping, socializing – into a parallel digital universe. The metaverse is an abstract concept that uses a digital environment to permeate … Continue reading

Privacy legislation reform: Bill 64 has now been passed

Photo of Imran Ahmad (CA)Photo of Veronique Barry (CA)Photo of Jeremie Wyatt (CA)By Imran Ahmad (CA), Veronique Barry (CA) and Jeremie Wyatt (CA) on Posted in Compliance and risk management, Cybersecurity, Privacy law
Bill 64, which purports to modernise Québec’s privacy legislation, was recently passed. This sweeping reform of the province’s framework for processing personal information hinges on three main axes: increased obligations for enterprises that collect or otherwise process personal information, the creation of new rights for persons whose information is collected, and the imposition of far … Continue reading

UK Government sets out proposals to shake up UK data protection laws

Photo of Marcus Evans (UK)Photo of Lara White (UK)By Marcus Evans (UK), Lara White (UK) and Sahar Bhaimia on Posted in Compliance and risk management, General
Data Protection Report - Norton Rose FulbrightOn 10 September 2021, the UK Government published its consultation paper on proposals to reform the UK’s data protection regime.  The deadline for responding to the consultation is 19 November 2021. In August, the Government announced that it intended to “seize the opportunity” afforded by the UK’s exit from the European Union to makes some … Continue reading

Navigating Virginia’s new privacy law

Photo of Steve Roosa (US)Photo of Daniel Rosenzweig (US)By Steve Roosa (US) and Daniel Rosenzweig (US) on Posted in NT Analyzer Blog Series
NT Analyzer blog series, cookieVirginia 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

US banking regulators propose a rule for 36-hour notice of breach

Photo of David Kessler (US)Photo of Susan Ross (US)By David Kessler (US) and Susan Ross (US) on Posted in Data breach
On December 18, 2020, the US Department of the Treasury (Office of the Comptroller of the Currency), Federal Reserve and Federal Deposit Insurance Corporation (FDIC) jointly announced a 53-page proposed rule that would require banks to notify their regulators within 36 hours of a “computer-security incident” that rises to the level of a “notification incident.” … Continue reading

Singapore’s Public Consultation on proposed changes to the Singapore Personal Data Protection Act

Photo of Wilson Ang (SG)Photo of Stella Cramer (SG)Photo of Jessica Paulin (SG)Photo of Jeremy Lua (SG)By Wilson Ang (SG), Stella Cramer (SG), Jessica Paulin (SG) and Jeremy Lua (SG) on Posted in General
On 14 May 2020, the Singapore Ministry of Communications and Information (MCI) and the Personal Data Protection Commission of Singapore (PDPC) announced a public consultation (the Public Consultation) on the draft Personal Data Protection (Amendment) Bill (the Draft Bill) and related amendments to the Spam Control Act (SCA). The Public Consultation will take place from … Continue reading

California AG Issues Significant Changes to Draft CCPA Regulations as of March 2020

Photo of Jeewon Kim Serrato (US)Photo of Susan Ross (US)By Jeewon Kim Serrato (US) and Susan Ross (US) on Posted in CCPA
Data Protection Report - Norton Rose FulbrightOn February 7, 2020, and again on March 11, 2020, the Office of the Attorney General (OAG) issued revisions to the proposed California Consumer Privacy Act (CCPA) regulations, and there are some surprises in both the additions and in the deletions.  For the CCPA regulations to become effective on July 1, the final regulation text … Continue reading

NYDFS Requires COVID-19 Plans by April 9

Photo of Susan Ross (US)Photo of Kathleen Scott (US)By Susan Ross (US) and Kathleen Scott (US) on Posted in Compliance and risk management, Cybercrime, Cybersecurity, Dispute resolution and litigation, Enforcement, General
Norton Rose Fulbright - Data Protection Report blogOn March 10, 2020, the New York Department of Financial Services (NYDFS) issued guidance to all of its regulated institutions engaged in virtual currency business activity, requiring them to have plans for preparedness to manage the possible operational and financial risks posed by the COVID-19 pandemic. NYDFS requires the plans to be submitted by Thursday, April 9, … Continue reading

Personal data protection in the time of coronavirus (Covid-19)

Photo of Barbara Li (CN)Photo of Bohua Yao (CN)By Barbara Li (CN) and Bohua Yao (CN) on Posted in Compliance and risk management
Norton Rose Fulbright - Data Protection Report blogOutbreak of the coronavirus and personal data privacy The fast-spreading coronavirus (Covid-19) has infected thousands of people in China and in over 20 other countries. This coronavirus outbreak, originating in Wuhan, a large city located in the central region of China, has been declared a Public Health Emergency of International Concern (PHEIC) by the World … Continue reading

The CNIL releases draft practical guidance on cookies consent

Photo of Nadège Martin (FR)Photo of Cécile Auvieux (FR)By Nadège Martin (FR) and Cécile Auvieux (FR) on Posted in Compliance and risk management
Data Protection Report - Norton Rose FulbrightThe CNIL has published draft recommendations on how to obtain consent when placing cookies. This is following the publication of its revised “Guidelines on the implementation of cookies or similar tracking technologies” which was published in July 2019 (see our article here). The objective of the recommendations is to provide stakeholders with practical guidance and … Continue reading
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