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Inside Internal Controls

News and discussion on implementing risk management

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Privacy Act

Privacy Commissioner of Canada argues for rights-based privacy laws in annual report

In this note, we focus on one aspect of the Report: the Commissioner’s argument that federal privacy laws should explicitly recognize privacy as a human right and give greater priority to individual privacy rights.

 

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Canadian government announces new Digital Charter

On May 21, 2019, the Honourable Navdeep Bains, Minister of Innovation, Science and Economic Development, announced the introduction of Canada’s new Digital Charter. This blog post summarizes the highlights of Minister Bains’ announcement and the principles of the Digital Charter.

 

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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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Privacy, privilege and wilfulness

On July 26th, 2016, the Supreme Court of British Columbia released an interesting decision that addresses questions regarding: (1) the scope of privilege that applies to work done by lawyers in relation to judicial proceedings; and (2) the interpretation of BC’s Privacy Act with respect to the requirements of “wilfulness”.

 

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