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CASL Guidance: installing computer programs may not be what you think - go ahead and install that app

The second phase of the CASL regime is almost upon us.  On January 1, 2015, certain rules regarding the installation of computer programs and the associated consent required by CASL come into effect.

In anticipation of the dawning of these new requirements, the CRTC has released some guidance on when and how organizations must obtain consent for the installation of computer programs.

Alberta PIPA survives another six months

The Supreme Court of Canada has granted a reprieve on the impending death of Alberta's Personal Information Protection Act as we know it.

The SCC has provided the Alberta Legislature an additional six months to amend PIPA before it is invalid.

BC's PIPA is not stictly subject to an order of invalidity but it has similar provisions which the SCC found to offend the Charter.

Privacy rights and consent issues are individual, not common issues: Ladas v Apple Inc., 2014 BCSC 1821

The BC Supreme Court declined to certify a class action againt Apple Inc. alleging the surreptitious collection and storing of locational data on iPhones, iPads, iPhone 3G and iPhone 3GS through the "location services" capabilities on those devices.

Frustrated when the app you want requires access to too much information? You aren't the only one: Privacy Commissioner criticizes mobile apps in Privacy Sweep Results

In the annual privacy sweep, involving privacy enforcement authorities from around the world, 1,211 apps were assessed, 151 of them by the Office of the Privacy Commissioner of Canada.  The sweep, which focused on the collection of personal information by mobile apps, found many apps "were requesting permission to access potentially sensitive information, like your location or access to your camera functions, without necessarily explaining why. This left many of our sweepers with a real sense of unease."

Privacy Breach hits home: Malware at Home Depot

Mulitnational big box Home Depot announced Monday that it has discovered software buried in its Canadian and US stores designed to steal credit and debit card information.

Home Depot suspects that customers who shopped in the US and Canada since April could be affected.  It has not yet announced what information tied to cards may have been compromised.

No civil claim for breach of FOIPPA permitted: Cook v. ICBC 2014 BCSC 1289

In Cook v. The Insurance Corporation of British Columbia 2014 BCSC 1289, the Court has confirmed that a civil claim cannot be advanced claiming contractual or tortious breaches of the Freedom of Information and Protection of Privacy Act (FOIPPA) in BC.

In the case, Cook advanced claims alleging ICBC's improper collection, use and disclosure of his personal information to the police and a doctor, relying on FOIPPA duties.  Cook also relied on terms of his insurance contracts. 

The Democratization of Surveillance: Drones in your neighbourhood

With the availability of inexpensive techology, individuals are more able to engage in their own surveillance. 

Where do our privacy rights begin and end in our private and public spaces.  What is public and private space?  Do our rights differ depending on who is watching, the intent, or use? 

These are questions our society must answer.  We have to grapple with them thoughtfully.

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