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Inside Internal Controls

News and discussion on implementing risk management

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personal information protection

Few “likes” for Facebook forum selection clause: Supreme Court finds “strong cause” to not enforce forum selection clause

When engaging with personal information, consulting local privacy counsel is a must. Privacy legislation varies from province to province and failing to appreciate even slight differences can result in class action claims like in the Douez case. Facebook’s preliminary motion was rejected but the class action has yet to be certified. The opinions of the divided Court in Douez could be used to provide supporting arguments for both sides in a situation where the facts are just slightly different.

 

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Pension and benefit plan provider breaches privacy law causing employee to lose life insurance coverage

Many of us have called service providers to change basic information, such as a mailing address. You pick up the phone, speak to a representative, and the change is made; no big deal, right? This seamless scenario may not always be the case. Any little misstep on an organization’s part can cause grief not only for the customer, but also for the organization itself. This proved to be true when an employee complained, to the Office of the Privacy Commissioner of Canada, that her employment pension and benefit provider disclosed her personal information to a third party without her consent.

 

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Amendments to PIPEDA disappoint privacy watchdogs

On May 29, the federal government introduced Bill C-29, the Safeguarding Canadians’ Personal Information Act, which makes substantial changes to the Personal Information Protection and Electronic Documents Act (PIPEDA). The Bill had been in development for several years, and one of its primary objectives was to address a significant gap in PIPEDA, the issue of mandatory disclosure of “material” breaches of personal information by the companies or organizations responsible.

 

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