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Theo Ling

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A recent privacy breach case in Canada offers practical guidance for organizations anywhere to avoid the over-retention of personal data.A May 2017 Order from the Office of the Information and Privacy Commissioner of Alberta provides new insight into the requirement under section 35 of the Personal Information Protection Act to retain personal information only as long as reasonably required. To manage risk, organizations retaining personal information should be prepared to clearly articulate the purpose of…

The volume and type of electronically stored information (“ESI”) retained by corporations has increased exponentially in recent years, creating a range of challenges for corporations developing formal records retention policies. While certain types of records must be retained for a fixed period as determined by legislation, many documents are not subject to a specified retention period. Retention then becomes a matter of business need and risk mitigation. In addition, the expanding scope of legal privacy…

In 2014, the Organization for Economic Co-operation and Development (OECD) established the Common Reporting Standard (CRS), laying the groundwork for a new global network of tax reporting. The CRS calls on the tax authorities of participating countries to obtain information from their financial institutions and automatically exchange that information with other countries on an annual basis. The purpose of the CRS is to combat international tax evasion. There are now more than 1,300 bilateral relationships…

The EU General Data Protection Regulation (“GDPR”) came into force on May 24, 2016. Companies offering goods or services to individuals in the EU have until May 25, 2018 to comply with the requirements set out by the GDPR. While GDPR requirements may appear rather prescriptive compared to its predecessor – the EU Data Protection Directive – the GDPR advocates for a systematic and organized compliance culture.Article 30 of the GDPR requires companies to maintain…

Organizations are recognizing that data scientists can play a valuable role in enterprise IT security. However, effective security requires a collaborative effort between data scientists and security professionals within an enterprise. While data scientists have a pivotal role to play, they cannot and should not operate in a vacuum.Leveraging Data Science to Mitigate Security RiskData science is a field of research that involves analyzing massive data sets to extract useful information. In the context of…

When a person deactivates, deletes or disengages with his or her profile on an online service, what happens to that person’s personal information? When a person leaves, does personal information stay?In 2015 Ashley Madison, an online dating website known for connecting users to explore or engage in extramarital affairs, was hacked and the personal information of 36 million users was publically exposed. The data breach prompted a joint investigation by the Canadian and Australian privacy…

As explored in an earlier b:INFORM article, “Email Compliance: Act Now, Save Millions – Information Governance Report Is A Call To Action,” email management is proving to be a major compliance challenge for organizations, threatening financial harm and loss of reputation if left unaddressed. Employing a legally compliant and business savvy email management program is a critical starting point in overcoming the complexities and challenges associated with email retention. In order to facilitate compliant email…

The rapid evolution of digital storage technologies over the past two decades illustrates how seemingly timeless inventions can become completely obsolete in the blink of an eye. Today, floppy disks are all but extinct, the use of CD-ROMs is drastically decreasing, and the proliferation of cloud-based storage suggests that hard disk drives may too be on their last legs.Organizations that retain digital records over the long-term must ensure that their records remain accessible into the…

As the volume of data worldwide continues to increase exponentially, businesses are feeling pressure to start taking more proactive measures in the area of data governance. Much of the current focus on data governance relates to security concerns, but managing unstructured data also presents a potential competitive advantage for businesses.Data is a tremendously overlooked asset for many modern businesses. Organizations may be sitting on extremely valuable sets of data but, without proper organization, this resource…

As technology evolves at an ever-increasing pace, Baker &McKenzie LLP conducted a survey at the 2016 International Association of Privacy Professionals (IAPP) Privacy Symposium in Toronto from May 10-12, 2016 to explore privacy professionals’ views on the emerging technologies that will have the greatest impact on privacy law in the future. The Privacy Symposium is the largest annual privacy conference in Canada, and over 50 privacy professionals attending the conference completed the survey.Technologies with the…