Tag Archives: Canada

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.

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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.”

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Alberta Privacy Commissioner Concerned about Court of Appeal Decision

Posted on March 4, 2010 by Hunton & Williams LLP

Alberta’s Information and Privacy Commissioner, Frank Work, issued a news release regarding the recent Court of Appeal of Alberta decision in Alberta Teachers’ Association v. Alberta (Information and Privacy Commissioner).  In the case, the Court held that the Information and Privacy Commission has no authority to extend investigation time limits under the Personal Information Protection Act (“PIPA”) after the statutory time limit has expired.  Further, if the Commissioner extends the time in an inquiry process within the time limit, he must provide reasons for the extension, and his decision will be subject to judicial review.  The Court noted that “[b]lanket or routine extensions seem unlikely to be regarded as reasonable if they cannot also be justified in the specific circumstances of the case.”  PIPA is provincial legislation that governs the use of personal information by private sector organizations in Alberta.

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UK Airports Implement Compulsory Use of Full Body Scanners

Posted on February 9, 2010 by Hunton & Williams LLP

On February 1, 2010, it became compulsory for randomly selected passengers at Heathrow and Manchester airports in the UK to pass through full body scanners before boarding their flights.  This enhanced security screening has been implemented following the attempted Christmas Day terrorist attack at the Detroit airport in the United States, after which the British government announced that it would begin mandatory body scanning at all UK airports.  The move has raised concerns about the excessive collection of personal data.

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Canadian Privacy Commissioner Investigates Facebook

Posted on February 4, 2010 by Hunton & Williams LLP

Pursuant to a public complaint, on January 27, 2010, the Privacy Commissioner of Canada announced a new investigation into Facebook.  The investigation concerns the social networking site’s introduction of a tool that required its users to review their privacy settings in December 2009.  According to the complaint, Facebook’s new default settings allegedly made some users’ information more accessible than previously had been the case.  Elizabeth Denham, the Assistant Privacy Commissioner, indicated “[s]ome Facebook users are disappointed by certain changes being made to the site – changes that were supposed to strengthen their privacy and the protection of their personal information.”

The new complaint follows the Commissioner’s July 2009 release of findings resulting from an investigation into Facebook’s privacy policies and practices.  The findings highlighted concerns regarding Facebook, including a need for increased transparency and clarity.  The Office of the Privacy Commissioner will continue to follow up with Facebook as the company implements changes to its site.  

For further information, please see the Office of the Privacy Commissioner’s News Release.

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British Columbia Information and Privacy Commissioner Resigns

Posted on January 26, 2010 by Hunton & Williams LLP

On January 19, 2010, Information and Privacy Commissioner David Loukidelis resigned to accept the post of Deputy Attorney General of British Columbia.  Mr. Paul Fraser, the Conflict of Interest Commissioner, has been named interim Commissioner.  The appointment of a permanent successor is expected in the spring when the British Columbia legislature reconvenes.  
 
View the Commissioner Loukidelis’ letter of resignation. 

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Privacy Commissioner of Canada Announces Public Consultations on Emerging Technologies

Posted on January 20, 2010 by Hunton & Williams LLP

On January 18, 2010, the Privacy Commissioner of Canada, Jennifer Stoddart, announced a public consultation to examine the privacy issues associated with online tracking, profiling and targeting of consumers.  The Commissioner noted that the consultation will “provide a forum for the exploration of the privacy implications related to this modern industry practice, and the protections that Canadians expect.”  The consultation marks the first in a series to review emerging technologies that are likely to have a considerable impact on consumer privacy.  The announcement of a second consultation on cloud computing is anticipated in the near future.

The Office of the Privacy Commissioner has put out a call for participation and written submissions by interested parties are due by March 15, 2010.  For further information on the consultation process, view the Office of the Privacy Commissioner’s news release.

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Trilateral Committee Meets to Discuss Potential Privacy Law in Mexico

Posted on February 11, 2009 by Hunton & Williams LLP

On February 4, 2009 the Trilateral Committee on Transborder Data Flows met in Mexico City.  The committee is comprised of representatives from the Canadian, Mexican and U.S. governments and is part of the Security and Prosperity Partnership of North America.  The Trilateral Committee invited representatives from the private sector to give testimony on current and potential impediments to the free flow of personal data in North America.

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