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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.

Privacy Commissioner protects RFP submissions - but not a clear cut case: District of Mission F14-21

In Order 14-21, the Commissioner's Delegate ordered the District of Mission to withhold most of the information included in RFP response submissions by proponents except for publicly available information and information of a general nature.

It appears that the issue persuading the Delegate to order the records withheld was that the contract had not been awarded and there was evidence that the parties may be invited to compete for the same or similar work.  It was also important that there were confidentiality provisions in the RFP. 

Protection of informational privacy in complaints and witness statements to law enforcement

In R v. Quesnelle 2014 SCC 46, the Supreme Court of Canada deals with the question of whether records of previous unrelated complaints and witness statements about the accused should be provided in the criminal disclosure process.  The Court concludes they should not, affirming the proposition that people are entitled to provide information to law enforcement with confidence that they will only disclose it (even to the accused) for good reason.

Countdown to CASL: Anti-SPAM is here: New resources

The countdown to CASL is finally coming to an end.

Do you have to stop sending email or SMS messages as of July 1, 2014?  Not necessarily.
You will still be able to communicate with your clients, business partners, members, employees, employees of clients, individuals who have expressly signed up for your mailings, and others!

Can you still ask for consent after July 1?  In many cases: yes!

All electronic messages promoting commerce will have to identify the sender and include an accessible unsubscribe mechanism. 

SCC continues to enshrine privacy rights - anonymity of internet use: R. v. Spencer 2014 SCC

In R. v Spencer the Supreme Court of Canada continues to enshrine informational privacy as an aspect of constitutional protection. 

The Court equated informational privacy with secrecy or confidentiality, and included in it the related but wider notion of control over, access to and use of information.  Turnint to internet usage, the Court said privacy is akin to anonymity.  The identity of a person linked to their use of the Internet is recognized as a protected privacy interest.

Lack of training and supervision leads to vicarious liability for employer in Privacy Class Action: Evans v The Bank of Nova Scotia, 2014 ONSC 2135

The facts of this case are egregious, however, they serve as an example why employers need to have sufficient privacy controls, monitoring, supervision and employee education to reduce their risk of exposure to privacy breach claims.

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