Tag Archives: Canada

Live from Mexico City: Implementing Accountability in the Marketplace

Posted on November 1, 2011 by Hunton & Williams LLP

On November 1, 2011, the Centre for Information Policy Leadership released a discussion document entitled “Implementing Accountability in the Marketplace,” at the 33rd International Conference of Data Protection and Privacy Commissioners in Mexico City. The document reflects the collaborative effort of experts from Canada, Europe and the United States, and provides a comprehensive summary of the third year of the Centre’s work with the Accountability Project. It examines the requirements and benefits of accountability when it is applied across the marketplace, and considers when and how companies may wish to be formally recognized as accountable and how recognition may be obtained.

For more information on accountability, visit the Centre’s website on the Accountability Project.

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Centre Presents Accountability Paper at Canadian Privacy Conference

Posted on October 13, 2011 by Hunton & Williams LLP

On October 13, 2011, Marty Abrams, President of the Centre for Information Policy Leadership at Hunton & Williams LLP, presented “Accountability in a Page” as part of the “What it Means to Be Accountable” plenary session at the PIPA Conference 2011 taking place in Vancouver, British Columbia. Mr. Abrams, who leads the Centre’s Accountability Project, outlined the essential elements of accountability and described how top multinational companies are building accountability-based programs. According to Mr. Abrams, “accountability as mandated by the Canadian private sector privacy law requires companies to have comprehensive programs that include polices, mechanisms to put those policies into effect, and review processes to assure the mechanisms are functional.” Mr. Abrams provided attendees with a one-pager on accountability that includes a list of common elements companies are using to implement accountability programs.

For more information on accountability, visit the Centre’s website on the Accountability Project.

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Netflix Backs Amendment to Video Privacy Protection Act

Posted on July 27, 2011 by Hunton & Williams LLP

On July 25, 2011, Netflix stated that it will hold off on the launch of its Facebook integration in the U.S. due to legal issues related to the Video Privacy Protection Act (“VPPA”).  The new Facebook feature would allow Netflix subscribers to share their movie viewing information with friends online.  Netflix indicated in its second quarter shareholder letter that it supports House Bill 2471 (“H.B. 2471”), a proposed bipartisan amendment to the VPPA intended to clarify the consent requirement for sharing consumer video viewing information.  The letter states that “[u]nder the VPPA, it is ambiguous when and how a user can give permission for his or her video viewing data to be shared” and that the VPPA “discourages us from launching our Facebook integration domestically.”  As a result, the company plans to limit the campaign to Canada and Latin America until questions concerning the VPPA are resolved. Continue reading…

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Canadian Anti-Spam Regulations Released for Comment

Posted on July 13, 2011 by Hunton & Williams LLP

Adam Kardash from Heenan Blaikie LLP in Canada reports that Industry Canada and the Canadian Radio-television and Telecommunications Commission (“CRTC”) have released draft regulations for Canada’s Anti-Spam Legislation (“CASL”).  CASL imposes a consent-based anti-spam regime that restricts organizations’ ability to send commercial electronic messages.  Industry Canada and the CRTC are charged with the task of implementing regulations under CASL. Continue reading…

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Use of Facial Recognition Technology Raises Privacy Concerns

Posted on June 24, 2011 by Hunton & Williams LLP

Recent developments involving the use of facial recognition technology have raised privacy concerns in the United States, Europe and Canada.  As we reported earlier this month, the Electronic Privacy Information Center (“EPIC”) and several other consumer privacy advocacy groups filed a complaint with the Federal Trade Commission against Facebook for its use of facial recognition technology.  According to EPIC’s complaint, Facebook’s Tag Suggestions feature recognizes individuals’ faces based on photographs already on Facebook, then suggests that users “confirm Facebook’s identification of facial images in user photos” when they upload new photos to their Facebook profiles. Continue reading…

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Canada Adopts Stringent Anti-Spam Legislation

Posted on December 16, 2010 by Hunton & Williams LLP

Adam Kardash from Heenan Blaikie LLP in Canada reports that Bill C-28, the Fighting Internet and Wireless Spam bill, received Royal Assent on December 15, 2010.  The centerpiece of the Act are prohibitions aimed at preventing spam, but the law also includes regulations to combat phishing and protect users from online malware.  Specifically, among other things, the legislation would prohibit:

  • sending commercial electronic messages (including emails and text messages) without consent (subject to certain limited exceptions);
  • altering transmission data on email messages; and
  • the installation of computer programs without express consent. Continue reading…
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Privacy Commissioner of Canada Nominated for Reappointment

Posted on November 26, 2010 by Hunton & Williams LLP

Adam Kardash from Heenan Blaikie LLP in Canada reports that Jennifer Stoddart has been nominated for reappointment as Privacy Commissioner of Canada for a three-year term.  The nomination will be tabled in the House of Commons for consideration and is widely expected to be accepted.

Marty Abrams, Executive Director of the Centre for Information Policy Leadership at Hunton & Williams LLP, said, “Commissioner Stoddart has been a key leader in bringing data protection into the 21st century.”

Ms. Stoddart has served as Privacy Commissioner since December 2003.

For further information on the nomination, view the Prime Minister of Canada’s news release.

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Regulating Privacy Across Borders in the Digital Age

Posted on November 18, 2010 by Hunton & Williams LLP

On November 10, 2010, the American Bar Association’s Section of Antitrust Law’s International Committee and Corporate Counseling Committee hosted a webinar on “Regulating Privacy Across Borders in the Digital Age: An Emerging Global Consensus or Vive la Difference?”.  A panel of senior officials and private sector experts provided insights on emerging cross-border data privacy and security issues.  Hunton & Williams partner Lisa Sotto was tapped to moderate an outstanding panel which included Billy Hawkes, Commissioner, Office of the Data Protection Commissioner, Ireland; Jennifer Stoddart, Commissioner, Office of the Privacy Commissioner, Canada; Hugh Stevenson, Deputy Director, Office of International Affairs, Federal Trade Commission; and Bojana Bellamy, Director of Data Privacy, Accenture (UK) Limited.  The high-profile speakers explored various privacy issues that have raised regulatory concerns around the world, including issues on behavioral advertising, cloud computing and data breaches.

Taken from a portion of the webinar, each panelist addressed their thoughts on the major issues that will dramatically change the privacy landscape over the next year.  In addition, they further discussed the revisions proposed in the EU Directive on Privacy and Electronic Communications.  Listen to the audio clip now.

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Canadian Bills Propose Security Breach Notification Requirements and Anti-Spam Regulations

Posted on June 4, 2010 by Hunton & Williams LLP

On May 25, 2010, two privacy-related bills were introduced in the Parliament of Canada: the Fighting Internet and Wireless Spam Act (“FISA” or Bill C-28) and the Safeguarding Canadians’ Personal Information Act (Bill C-29) amending the Personal Information Protection and Electronic Documents Act (“PIPEDA”).

Bill C-29 is the long-awaited government response to the five-year mandatory review of PIPEDA.  The centerpiece of the bill is a new disclosure provision for security breaches related to personal information.  Key elements in the security breach notification proposal include:

  • Any “material breach of security safeguards involving personal information” would have to be reported to the Privacy Commissioner of Canada.
  • A determination of whether the breach is “material” would be made by the entity, based on the sensitivity of the information, the number of individuals affected and whether there is a systemic problem.
  • Notification would have to be made “as soon as feasible” individuals affected by the breach “if it is reasonable in the circumstances to believe that the breach creates a real risk of significant harm to the individual.”
  • A determination of whether there is a “real risk” would be made by the entity, based on the sensitivity of the information and the probability that the personal information has been, is being or will be misused.

Continue reading…

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International Data Protection Authorities Scold Google Over Privacy Concerns

Posted on April 21, 2010 by Hunton & Williams LLP

On April 19, 2010, the Privacy Commissioner of Canada, Jennifer Stoddart, and the heads of nine other international data protection authorities took part in an unprecedented collaboration by issuing a strongly worded letter of reproach to Google’s Chief Executive Officer, Eric Schmidt.  The joint letter, which was also signed by data protection officials from France, Germany, Ireland, Israel, Italy, the Netherlands, New Zealand, Spain and the United Kingdom, highlighted growing international concern that “the privacy rights of the world’s citizens are being forgotten as Google rolls out new technological applications.”

Continue reading…

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