It’s been 8 months since provisions of Canada’s Anti-Spam Law (CASL) that…
In a recent precedent-setting decision, the Ontario Court of Appeal granted patients the right to sue hospitals over privacy breaches. The unanimous ruling in the case of Hopkins v. Kay said provincial health privacy laws are not a roadblock to patients who want to seek justice in the courts when their medical records are snooped into by hospital workers.
The Office of the Privacy Commissioner of Canada recently released its report on privacy and cyber security that examines various cyber security challenges, including the complexity introduced by interconnected networks in cyberspace, the growing sophistication of attackers, the growing sophistication of threats and how they are moving to the mobile world, and the bigger risks introduced by ‘big data’.
The Supreme Court of Canada’s recent landmark decision in Fearon v. R.grants police powerful new search tools during arrest. The decision allows the police to conduct warrantless cell phone searches at the time of police arrest.
On November 10th, 2014, the CRTC provided guidance for businesses that install software or computer programs on other people’s computer systems. This guidance has been eagerly received by the business community as a whole, and not just software developers, as the provisions regarding the installation of computer programs (which come into force in a few short months) affect a broad range of installations beyond what the law primarily attempts to target, i.e. malware or spyware.
Across Canada, we have seen a substantial rise in privacy class action lawsuits. The first step in any class action lawsuit is getting the case certified. At the certification stage the court will consider whether there is a cause of action and identifiable class, whether common issues are raised, whether a class action is preferable for the resolution of common issues and whether there is a suitable representative plaintiff.