Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
This site is about technology, copyright, and privacy Law
Barry Sookman
Barry Sookman
  • Bio & expertise
    • Bio
    • Technology & Internet Lawyer
    • Copyright and Intellectual Property Lawyer and Litigator
    • Privacy & CASL
    • Government Relations
    • Rankings
  • Books & Articles
  • Speeches & Media
  • Terms
    • Privacy Policy
Subscribe

Posts by tag

PIPEDA

16 posts
  • CPPA
  • PIPEDA
  • Privacy

CPPA: transfers of personal information to service providers

  • November 23, 2020
  • Barry Sookman
AIDA - Regulation of AI systems in Canada

The Consumer Privacy Protection Act (CPPA) will make substantial changes to Canada’s privacy law. As noted previously, the bill includes many of the provisions in the Personal Information Protection and Electronic Documents Act (PIPEDA), plus a lot more. In some cases, it builds on the provisions of PIPEDA, on the guidance and decisions of the Commissioner, but includes changes designed either to clarify or change the law. A case in point are the very important new provisions which address transfers of personal information to service providers.…

View Post
Share
View Post
  • Privacy

PIPEDA by the numbers: lessons for privacy law reform in Canada?

  • October 12, 2020
  • Barry Sookman

The Federal Privacy Commissioner (OPC) just released the 2019-2020 Annual Report to Parliament on the Privacy Act and Personal Information Protection and Electronic Documents Act (PIPEDA). In the report the OPC repeated the plea for reform of PIPEDA arguing that PIPEDA “is outdated and does not sufficiently deal with the digital environment to ensure appropriate regulation of new technologies.” The report also proposed major new remedial powers for the OPC. Interestingly, however, statistical data in the Annual Report illustrates how well PIPEDA appears to be working despite the lack of these remedial powers.…

View Post
Share
  • Privacy

OPC position on online reputation: search engines must de-index privacy violating personal information

  • January 27, 2018
  • Barry Sookman

Are search engines subject to PIPEDA? Should they be required to de-index web pages such as when information about an individual is inaccurate, incomplete or outdated, ;or when the linked to information is illegal? Should search engines be subject to a notice and de-indexing or demotion regime? And, should search engines be required to geo-fence to ensure that search results containing personal information about Canadians that violates PIPEDA  is not made accessible in Canada regardless of which domain a Canadian searches on?…

View Post
Share
  • Privacy

PIPEDA’s global extra-territorial jurisdiction and right to be forgotten: A.T. v. Globe24h.com

  • February 1, 2017
  • Barry Sookman

The Federal Court of Canada released a landmark decision finding that the court has the jurisdiction to make an extra-territorial order with world-wide effects against a foreign resident requiring the foreign person to remove documents containing personal information about a Canadian citizen that violates the person’s rights under Canada’s privacy law, the Personal Information Protection and Electronic Documents Act (PIPEDA). In A.T. v. Globe24h.com, 2017 FC 114 the Honourable  Mr Justice Mosely ordered the individual operator of the website Globe24h.com…

View Post
Share
  • Privacy

PIPEDA privacy law given business friendly interpretation by Supreme Court: RBC v Trang

  • November 18, 2016
  • Barry Sookman

Canada’s federal privacy law, PIPEDA, was enacted to be one of our framework laws that would underpin our digital economy. It’s goal was to recognize the privacy rights of individuals and at the same time to recognize the legitimate needs of organizations to collect, use, and disclose personal information. That balance between privacy and  uses of personal information for appropriate purposes was underscored by the Supreme Court in a decision released yesterday in Royal Bank of Canada v. Trang 2016 SCC 50.  …

View Post
Share
  • Privacy

Digital Privacy Act: Important work still to be done by the INDU Committee

  • November 10, 2014
  • Barry Sookman

The Digital Privacy Act (Bill S-4) will make significant changes to Canadian privacy law when it is enacted. The amendments to PIPEDA have been in the making since 2007 following the statutory review of PIPEDA by the Standing Committee on Access to Information, Privacy and Ethics. The Bill has passed the Senate and was referred to the Standing Committee on Industry, Science and Technology. The INDU Committee will begin considering the Bill on November 25, 2014.

The Government of Canada Backgrounder says that “Canada’s Digital Privacy Act provides important improvements to Canada’s private sector privacy legislation, the Personal Information Protection and Electronic Documents Act (PIPEDA)” and that it “will ensure that Canadians are safer and more secure when they surf the web or shop online”.…

View Post
Share
  • Privacy

Canada to amend PIPEDA with the Digital Privacy Act

  • April 8, 2014
  • Barry Sookman

Bill S-4, the Digital Privacy Act (An Act to amend the Personal Information Protection and Electronic Documents Act and to make a consequential amendment to another Act,) was given First Reading in the Senate today.  The summary of the Bill describes the proposed amendments as follows:

This enactment amends the Personal Information Protection and Electronic Documents Act to, among other things,
(a) specify the elements of valid consent for the collection, use or disclosure of personal information;
(b) permit the disclosure of personal information without the knowledge or consent of an individual for the purposes of
(i) identifying an injured, ill or deceased individual and communicating with their next of kin,
(ii) preventing, detecting or suppressing fraud, or
(iii) protecting victims of financial abuse;
(c) permit organizations, for certain purposes, to collect, use and disclose, without the knowledge or consent of an individual, personal information
(i) contained in witness statements related to insurance claims, or
(ii) produced by the individual in the course of their employment, business or profession;
(d) permit organizations, for certain purposes, to use and disclose, without the knowledge or consent of an individual, personal information related to prospective or completed business transactions;
(e) permit federal works, undertakings and businesses to collect, use and disclose personal information, without the knowledge or consent of an individual, to establish, manage or terminate their employment relationships with the individual;
(f) require organizations to notify certain individuals and organizations of certain breaches of security safeguards that create a real risk of significant harm and to report them to the Privacy Commissioner;
(g) require organizations to keep and maintain a record of every breach of security safeguards involving personal information under their control;
(h) create offences in relation to the contravention of certain obligations respecting breaches of security safeguards;
(i) extend the period within which a complainant may apply to the Federal Court for a hearing on matters related to their complaint;
(j) provide that the Privacy Commissioner may, in certain circumstances, enter into a compliance agreement with an organization to ensure compliance with Part 1 of the Act; and
(k) modify the information that the Privacy Commissioner may make public if he or she considers that it is in the public interest to do so

A Government press release describing the Bill can be found here.…

View Post
Share
  • c-32
  • Copyright
  • copyright reform
  • Piracy
  • Privacy

Copyright and privacy bills to be introduced in House of Commons

  • September 27, 2011
  • Barry Sookman

The Government will likely introduce new Bills to amend the Copyright Act and the Personal Information Protection and Electronic Documents Act (PIPEDA) within the next few days. The Parliament of Canada Notice Paper for Wednesday September 28, 2011 provides notice that the Minister of Industry and Minister of State (Agriculture) will introduce a Bill entitled “An Act to Amend the Copyright Act” and a Bill entitled “An Act to Amend the Personal Information Protection and Electronic Documents Act”.  The actual notices are dated September 27, 2011, which means that the Bills could be introduced as early as this Thursday.…

View Post
Share
  • CASL
  • FISA
  • Privacy
  • spam

Rethinking CASL

  • May 25, 2011
  • Lorne Salzman and Barry Sookman

SPAM is awful.  It wastes our time. It clogs the Internet. It is full of scams, malware and fraudulent, false and misleading messages. Who wouldn’t cheer when Canada finally decided late in 2010 to outlaw SPAM and related afflictions of malware, spyware, address harvesting and sending false and misleading commercial electronic messages?

Indeed, there was much satisfaction when Canada’s anti-SPAM law, also known as FISA[2], was given royal assent on December 15, 2011.  After a lengthy and thorough review process, including consultations and Parliamentary reviews, Canadians could look forward to the toughest anti-SPAM law in the world just as soon as the regulations were finalized, which is expected this summer.…

View Post
Share
  • data protection
  • Privacy

Supreme Court rules on whether access laws apply to records of PMO but not which records are personal information

  • May 15, 2011
  • Barry Sookman

The Supreme Court released its reasons Friday in an important appeal in which the Court had to decide whether citizens can demand disclosure of records located in the offices of the Prime Minister, Ministers of the Crown, the RCMP and PCO under the Access to Information Act. In Canada (Information Commissioner) v. Canada (Minister of National Defence), 2011 SCC 25, the Supreme Court ruled that none of the requested documents had to be disclosed.  The ruling, however, by-passed an important opportunity to clarify the meaning of the term “personal information” in Canadian privacy legislation.…

View Post
Share

Subscribe

Subscribe now to our newsletter

Barry Sookman
This site is about technology, copyright, and privacy Law

Input your search keywords and press Enter.

We may be using cookies to give you the best experience on our website.

 

Barry Sookman
Powered by  GDPR Cookie Compliance
Privacy Overview

This website may use cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

Strictly Necessary Cookies

Strictly Necessary Cookie should be enabled at all times so that we can save your preferences for cookie settings.

If you disable this cookie, we will not be able to save your preferences. This means that every time you visit this website you will need to enable or disable cookies again.