On October 29, 2018, the Office of the Privacy Commissioner of Canada (the “OPC”) released final guidance (“Final Guidance”) regarding how businesses may satisfy the reporting and record-keeping obligations under Canada’s new data breach reporting law. The law, effective November 1, 2018, requires organizations subject to the federal Personal Information Protection and Electronic Documents Act (“PIPEDA”) to (1) report to the OPC breaches of security safeguards involving personal information “that pose a real risk of significant harm” to individuals, (2) notify affected individuals of the breach and (3) keep records of every breach of security safeguards, regardless of whether or not there is a real risk of significant harm. Continue Reading Canadian Regulator Issues Final Guidance on New Data Breach Reporting Requirements
As reported in BNA Privacy Law Watch, the Office of the Privacy Commissioner of Canada (the “OPC”) is seeking public comment on recently released guidance (the “Guidance”) intended to assist organizations with understanding their obligations under the federal breach notification mandate, which will take effect in Canada on November 1, 2018. Continue Reading Canadian Regulator Seeks Public Comment on Breach Reporting Guidance
The Canadian government recently published a cabinet order stating that the effective date for breach notification provisions in the Digital Privacy Act would be November 1, 2018. At that time, businesses that experience a “breach of security safeguards” would be required to notify affected individuals, as well as the Privacy Commissioner and any other organization or government institution that might be able to reduce the risk of harm resulting from the breach. Continue Reading Canada Will Require Breach Notification November 1
Recently, the Office of the Privacy Commissioner of Canada (“OPC”) issued its 2017 Global Privacy Enforcement Network Sweep results (the “Report”), which focused on certain privacy practices of online educational tools and services targeted at classrooms. The OPC examined the privacy practices of two dozen educational websites and apps used by K-12 students. The “sweep” sought to replicate the consumer experience by interacting with the websites and apps, and recording the privacy practices and controls in place. The overarching theme of the Report is “user controls over personal information,” which the OPC further refined into four subthemes: (1) transparency, (2) consent, (3) age-appropriate collection and disclosure, and (4) deletion of personal information. Continue Reading Canadian Privacy Commissioner Issues Report on Children’s Educational Apps
On July 26, 2017, the Court of Justice of the European Union (“CJEU”) declared that the envisaged EU-Canada agreement on the transfer of Passenger Name Records (“PNR Agreement”) interferes with the fundamental right to respect for private life and the right to the protection of personal data and is therefore incompatible with EU law in its current form. This marks the first instance where the CJEU has been asked to rule on the compatibility of a draft international agreement with the European Charter of Fundamental Human Rights. Continue Reading CJEU Declares Envisaged EU-Canada Data Transfer Agreement Incompatible with EU Law
On September 8, 2016, Advocate General Paolo Mengozzi of the Court of Justice of the European Union (“CJEU”) issued his Opinion on the compatibility of the draft agreement between Canada and the European Union on the transfer of passenger name record data (“PNR Agreement”) with the Charter of Fundamental Rights of the European Union (“EU Charter”). This is the first time that the CJEU has been called upon to issue a ruling on the compatibility of a draft international agreement with the EU Charter. Continue Reading Advocate General Advises Revision of PNR Agreement between EU and Canada
On April 27, 2016, the UK House of Commons Culture, Media and Sport Select Committee (the “Committee”) confirmed Elizabeth Denham’s appointment as Information Commissioner. Denham, currently the Privacy and Information Commissioner for British Columbia, Canada, was announced as the UK Government’s preferred choice on March 22, 2016. Continue Reading Parliamentary Committee Approves Denham ICO Appointment
On April 15, 2015, the Asia-Pacific Economic Cooperation (“APEC”) Electronic Commerce Steering Group issued a press release announcing Canada’s participation in the APEC Cross-Border Privacy Rules (“CBPR”) System. The U.S. Department of Commerce’s International Trade Administration also released an official press statement.
On February 12, 2015, the Office of the Privacy Commissioner of Canada released a research report entitled Privacy and Cyber Security – Emphasizing privacy protection in cyber security activities (the “Report”). The Report explores the interconnected relationship among cybersecurity, privacy and data protection, including common interests and challenges.
From January 30 to February 3, 2015, the APEC Data Privacy Subgroup (“DPS”) and its parent committee, the Electronic Commerce Steering Group (“ECSG”), met in Subic Bay, Philippines, for another round of negotiations and meetings. The Centre for Information Policy Leadership at Hunton & Williams participated as part of the U.S. delegation. The principal focus of the meetings was implementing the APEC Cross-Border Privacy Rules (“CBPR”) system, developing a corollary APEC recognition mechanism for information processors, related work relevant to cross-border interoperability, and updating the APEC Privacy Framework. The following is a summary of highlights and outcomes from the meetings.