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Inside Internal Controls

News and discussion on implementing risk management

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privacy rights

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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Bill C-13: Lawful access and the relationship between organizations, cyber-bullying and the protection of privacy rights

On December 9, 2014, Bill C-13, An Act to amend the Criminal Code, the Canada Evidence Act, the Competition Act and the Mutual Legal Assistance in Criminal Matters Act (Act) – also known as the Protecting Canadians from Online Crime Act –, received the royal assent. The Act came into force on March 9, 2015.

 

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Where does Canada stand on privacy?

Canada, like many countries, must answer a fundamental question: How does it achieve its law enforcement and national security objectives while also protecting and respecting the privacy rights of its citizens? “We hope the current administration and its privacy opponents can reach reasonable compromises that allow both groups to achieve their desired outcomes” Chris Stevens, CIPP/US, CIPP/C, CIPP/E, CIPP/G, CIPM, CIPT, and Steve Holland, CIPM, write. In this exclusive for The Privacy Advisor, they look at the high-stakes issues facing Canada’s quest to balance the two priorities and whether Privacy Commissioner Daniel Therrien is the right man to help it do so.

 

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Can an employee request access to their personnel and payroll files?

In Canada, employees have the right to access information in their personnel and payroll files, provided that it does not interfere with another employee’s privacy rights.

 

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Facebook faces privacy questions… again

Over the past couple of years, Facebook has had run-ins with the Canadian Privacy Commissioner. And Canada’s not alone; privacy watchdogs in the United States and around the world have been critical of Facebook’s willingness to sacrifice users’ personal data in the name of social media…

 

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