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Digital Privacy Act - amendments to PIPEDA on their way

The Federal Government has tabled the Digital Privacy Act in the Senate. 

Among other things, the Digital Privacy Act will amend PIPEDA in a number of different ways.  These changes will affect private sector organizations outside of BC, Alberta and Quebec, as well as employees of Federal works and undertakings (eg. banks, telecoms, shipping) inside BC, Alberta and Quebec.   

Most notably, PIPEDA will:

Status of the Revenue Neutral Carbon Tax: a 58% tax rate on gasoline in Metro Vancouver

When the BC government introduced the carbon tax, it was on the basis that the tax would be revenue neutral.  To accomplish revenue neutrality, the BC government had to estimate the carbon tax revenues and then provide income tax reductions to off-set that additional estimated revenue.

Electronic marketing and SPAM: Get ready for CASL implementation on July 1

The Canadian Anti-SPAM legislation (CASL) is coming into force on July 1, 2014.  Are you ready?

Q:  Does CASL apply to e-mail and text messages?

Yes.  Organizations need to have consent to send e-mails or texts for commercial purposes, or to encourage participation in commercial activity. Some exceptions apply, such as where there is an existing business relationship.  

Breach of privacy class action allowed to proceed against Ontario Hospital

In Hopkins v. Kay 2014 ONSC 321, the Ontario Superior Court of Justice has allowed a class action to proceed on the underlying tort of intrusion upon seclusion or breach of privacy.

The main allegation is that approximately 280 patient records of the Peterborough Regional Health Centre (the “Hospital”) were intentionally and wrongfully accessed by the Hospital, Sir Sanford Fleming College (the “College”) and seven employees of the Hospital (the “Employees”) without the consent of the patients.


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