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Theo Ling

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We have previously advised here and here that Canada is implementing new security breach notification requirements pursuant to the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”), Canada’s federal private sector privacy law.These requirements come into force on November 1, 2018.In 2015, the Canadian government enacted the Digital Privacy Act (S.C. 2015, c. 32, as amended) (the “Digital Privacy Act”) to address, in part, the concern that PIPEDA did…

IntroductionThe integration of high technology software and sophisticated systems in automobile design has produced cars that have become complex computers teeming with billions of data. Built-in sensors, Internet-connected dashboards, video content-sharing capabilities, and infotainment platforms have made these smart cars hyper-efficient data collecting machines. While this development presents exciting opportunities, it is critical to have a robust strategy to address the associated risks.1. Designed with Data Security in MindAutomakers will need to consider privacy and data…

On June 7, 2017, Innovation, Science and Economic Development Canada (formerly known as Industry Canada) announced that on June 2, 2017, the Government of Canada, through an Order in Council, repealed the July 1, 2017 implementation of the private right of action under Canada’s Anti-Spam Legislation (“CASL”).The private right of action, had it come into force on July 1st, would have allowed private lawsuits (including class actions) to be filed against individuals and organizations for…

New, innovative, and exciting technologies emerge every day, and we constantly hear about how these new technologies are going to disrupt particular sectors of the economy. Disruptive innovation is becoming commonplace and businesses are scrambling to evolve and adapt to the new environment.Yet another vital economic sector is under pressure to adopt new technologies in order to remain relevant and competitive. According to a report published by the McKinsey Global Institute earlier this year, technological…

The health care sector continues to be increasingly driven by technology and electronic environments. Electronic health records (“EHR”) have, in many clinical settings, replaced traditional paper charts. Clinical information systems are consolidating years of patient data, and advances in medical technologies are generating new types of data and data sets that never before existed. The development of health information technology (“HIT”) has led to an unprecedented increase in the volume of health care data. As…

Regrettably, the rise of “Big Data” has been accompanied by the often mistaken notion that organizations should strive to retain as much data as possible. Advancements in technology (through technologies such as the Hadoop® Distributed File System) have allowed large volumes of data to be stored cheaply. Accumulating vast quantities of data can be problematic because the quality and relevance of the data might begin to suffer, not to mention the potential cost and risk…

While Microsoft’s SharePoint platform provides an invaluable infrastructure for enterprise content management (ECM) and information governance (IG), organizations have nonetheless struggled to realize the full potential of this innovative software. A reluctance to make SharePoint adoption an organizational priority has slowed user adoption and made it difficult to keep users engaged.At a time where ECM and IG are more important than ever, it is essential that organizations provide users with the training and support they…

Big data continues to play an increasingly pivotal role for organizations. Managing big data through data governance is futile if the data itself is incomprehensible to an organization’s primary decision-makers. Organizations that are able to effectively communicate or ‘humanize’ data are more likely to reap the benefits available from big data. We offer three simple strategies for presenting big data to audiences composed of people who are non-experts in data governance (i.e. most of us).1. Present…

On 17 May 2016, harmon.ie in collaboration with Gimmal issued a survey report entitled “The One Email You Can’t Ignore: The Risks and Business Impact of Failing to Treat Emails as Records” (“Report”). This Report provides insight into the key challenges that businesses face in managing email records. The findings are based on feedback from over one hundred information governance leaders from different industries.Given the enormous flow of email, businesses should develop a process to…

It is becoming increasingly difficult for organizations to manage their data. On a global scale, it is estimated that data generated and copied annually will reach 44 zettabytes (or 44 trillion gigabytes) by 2020. An organization can effectively manage its rapidly increasing data by implementing a legally compliant information governance (IG) program. Legally compliant organizations minimze their risks and costs and maximize the value of their information. Optimally, organizations should assess their legal compliance issues,…