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Inside Internal Controls

News and discussion on implementing risk management

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Cyberlaw, Internet Law

How much cyber risk should an organization take?

I did a video with Joe McCafferty of MISTI last month. I am interested in whether you share my views. I also have some questions for you—after you watch the video.

 

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Why do so many practitioners misunderstand risk?

My apologies in advance to all those who talk about third–party risk, IT risk, cyber risk, and so on. We don’t, or shouldn’t, address risk for its own sake. That’s what we are doing when we talk about these risk silos. We should address risk because of its potential effect on the achievement of enterprise objectives.

 

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Not–for–profits and charities: 4 New Year’s resolutions

Many people feel that New Year’s resolutions are passé, particularly since so many resolutions go unachieved each year. But, a resolution is essentially a plan to tackle something of importance, and planning is often half the battle. The following are 4 resolutions that can help strengthen charities and other not–for–profits in 2017.

 

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CASL and private right of action

Canada has the most onerous anti–spam/anti–malware law (CASL) in the world. In less than a year, July 1, 2017, it is going to become even worse. That’s when the private right of action comes into force.

 

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Top 10 most read Inside Internal Controls posts 2016 & Season’s Greetings

We are signing off with a list of the top 10 most read Inside Internal Controls posts 2016. Privacy issues and director’s liability seem to have been hot topics this year with several blog posts on the topics making it on the list. The top 10 most read Inside Internal Controls posts 2016 Director’s liability […]

 

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Cybersecurity best practices for connected cars

Some of the most significant concerns with connected vehicles are cybersecurity and privacy protection. These concerns were the main impetus behind the creation in the US of the Auto Information Sharing and Analysis Centre (ISAC) by a group of US automakers in July of 2014. The group allows its members to share information about threats and vulnerabilities, conduct analysis and develop industry solutions. The Auto ISAC has now released its “Automotive Cybersecurity Best Practices”.

 

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CASL made clearer: First CRTC decision released

Until now, the Canadian Radio-Television and Telecommunications Commission’s CASL enforcement actions have taken the form of settlements reached in confidential negotiations between the Enforcement Branch and the company. But this decision, released on October 26, 2016, is significant because it is the first CASL enforcement decision to provide guidance on compliance. The decision contains several important lessons about regulation of commercial electronic messages in Canada before class action enforcement opens on July 1, 2017.

 

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Cybersecurity: CSA issues new guidance

Cybersecurity is top of mind for corporate boards and securities regulators alike. On September 27, 2016, the Canadian Securities Administrators (CSA) issued CSA Staff Notice 11-332 – Cyber Security (2016 Notice). The 2016 Notice updates the CSA’s previous notice on the same topic, CSA Staff Notice 11-326 Cyber Security for reporting issuers, registrants and regulated entities.

 

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Privacy injunctions in the age of the internet and social media

Canadian common law courts are still far behind the English courts which have developed a much more flexible tort of misuse of private information, as well as remedies for breach that include damages to compensate for the loss or diminution of a right to control private information, and now following the PJS case, perhaps also exemplary or punitive damages and an accounting of profits. Surprisingly, Canadian courts have not had to canvass recently whether the English common law tort of misuse of private information should be adopted in Canada.

 

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Cyber risk and audit

Clearly, cyber risk and audit is the topic of the day, if not the year and decade. The leader of Protiviti’s IT audit practice, David Brand, has weighed in with “Ten Cybersecurity Action Items for CAEs and Internal Audit Departments”. He has some valuable ideas that merit consideration, not only by internal auditors, but by security professionals, boards, risk officers, and more broadly among the executive group. I will let you read his post and suggested action items.

 

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IP address as personal information: Canadian and EU positions

The Office of the Privacy Commissioner’s findings do not mean that consent to the collection of an IP address is always required. There may be a number of legitimate reasons for collecting this information, including those relating to security of the site. These reasons would not necessarily extend, however, to collection and use of IP addresses for advertising purposes without some form of consent.

 

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CRTC’s reminder on record-keeping for CASL compliance

The Canadian Radio-television and Telecommunications Commission issued an enforcement advisory directing businesses and individuals to consider the importance of record-keeping pursuant to Canada’s anti-spam legislation (CASL). Under CASL, the onus remains on the sender of commercial electronic messages (CEMs) to demonstrate that it had the proper consents in place to send CEMs (whether implied or explicit).

 

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Proving consent under CASL: CRTC issues enforcement advisory notice

The Canadian Radio–television and Telecommunications Commission has issued an Enforcement Advisory notice directed to businesses and individuals that send commercial electronic messages (CEMs) as part of their commercial activities. Notably, the sender of CEMs must have the consent of the recipient to send them a message, or else the message is considered spam.

 

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Public Safety Canada calls for submissions on new national cybersecurity strategy

On August 16, 2016, Public Safety Canada (“PSC”) issued a consultation paper, launching a public consultation as part of PSC’s development of an updated national cybersecurity strategy. The consultation will close on October 15, 2016. Businesses may want to consider making submissions in respect of some key questions posed around possible regulation or standard-setting regarding Internet of Things and connected devices, certification for E-commerce activities, and information sharing (especially in respect of critical infrastructure).

 

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U.S. online payment processor Dwolla fined $100,000 for misrepresenting data security practices: Lessons for Canadian companies

In March, 2016 the U.S. Consumer Financial Protection Bureau (“CFPB”) issued a Consent Order against Dwolla Inc., an online payment platform, for deceiving consumers about its information security practices. The CFPB levied a $100,000 civil monetary penalty against the company, a first for the CFPB. While Canada has different privacy and consumer protection regimes, the lessons from the Dwolla case point to a new direction in enforcement approaches.

 

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