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On May 1, 2020, the Province of Alberta launched ABTraceTogether, an Android and iOS compatible contact tracing app users voluntarily download for tracing and notifying users who may have been exposed to COVID-19. ABTraceTogether is used by Alberta Health and Alberta Health Services (AHS) to supplement manual contact tracing completed by public health officials. ABTraceTogether was announced just prior to the issuance in May 2020 of joint guidance by the federal and provincial privacy commissioners…

On June 12, 2020, the government of Quebec introduced Bill 64, An Act to modernize legislative provisions as regards the protection of personal information. The Bill proposes to modernize the existing framework applicable to the protection of personal information by amending various public, and private sector Quebec laws, to align closer with the requirements under the federal Personal Information Protection and Electronic Documents Act (PIPEDA) and the European General Data Protection Regulation. The Act respecting…

While the benefits of cloud computing have been well documented in recent years, volatile conditions currently experienced as a result of COVID-19 have further highlighted the flexibility inherent in the use of cloud infrastructure. Market reports estimate that the global impact of COVID-19 on cloud market size is expected to increase from USD 233 billion in 2019 to USD 295 billion by 2021[1]. Similarly, in a recent industry survey on cloud usage, more than 50%…

On March 25, 2020, Ontario enacted significant amendments to the Personal Health Information Protection Act (PHIPA). The changes create a more robust enforcement mechanisms and increased regulation of the use of electronic health records. Some amendments took effect immediately upon enactment, while others will come into force on a day to be proclaimed by the Lieutenant Governor. Notable changes to PHIPA that took effect immediately upon enactment include: a new enforcement regime allowances for the…

On January 28, 2020 – International Data Privacy Day – the Office of the Privacy Commissioner of Canada (OPC) released its proposals for ensuring appropriate regulation of artificial intelligence (AI), and announced that it is seeking public feedback. Parties have until March 13, 2020 to file submissions with the OPC, in accordance with the OPC’s “Notice of consultation and call for comments on AI consultation paper” which is available here. The OPC’s 11 proposals for…

In Canada, the federal Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) applies to the collection, use or disclosure of personal information in the course of commercial activities. A commercial activity is defined as, essentially, any transaction, act or conduct that has a “commercial character.” To the extent that organizations engage in the sale of goods or services, or otherwise engage in commercial activities, any personal information collected, used…

Last September, we advised that Innovation, Science and Economic Development Canada (“Canada’s Department of Industry”) had released proposed security breach notification regulations under Canada’s federal private sector privacy law – the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) (the “Proposed Regulations”).While the Government of Canada has not provided a public update on the status of the Proposed Regulations, the Governor General in Council (i.e. cabinet) issued an Order…

Canada’s private sector privacy legislation, which was enacted in the year 2000 and was fully in force by 2004, is known as the Personal Information Protection and Electronic Documents Act (“PIPEDA”).Under PIPEDA, the portion of the statute that addresses privacy and personal information (i.e. Part 1) requires a parliamentary review every five years. In May 2007, the Canadian House of Commons’ Standing Committee on Access to Information, Privacy and Ethics (the “Committee”) tabled in the…

Earlier this month, Innovation, Science and Economic Development Canada (“Canada’s Department of Industry”) released its proposed data breach notification regulations under Canada’s federal private sector privacy law – the Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5, as amended) (“PIPEDA”) (the “Proposed Regulations”).The government of Canada is accepting public comments on the Proposed Regulations until the end of September 2017.Legislative BackgroundIn Canada, PIPEDA applies to the collection, use or disclosure of personal…

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…