Author Archives
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IoT security defects – are stronger consumer protection remedies required?
October is cybersecurity awareness month. So where are we in Canada on IoT security? The answer is that legal requirements are lagging technological developments. Although there have been some regulatory activity, it is slow-moving and consumers still do not have… Read More ›
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From medical paternalism to engagement
The Alzheimer’s Foundation of America has warned of medical paternalism in a September 27, 2018 editorial comment in the Journal of Alzheimer’s Disease. Discussing the availability of at-home genetic tests that include screening for an individual’s APOE status (a gene… Read More ›
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IoT Security – Should consumers bear any responsibility?
A recent article in CSO (Australia edition) advised data security executives that “Users’ poor home IoT security could become your next headache”. This raises and interesting question. Where should we draw the line between a consumer’s responsibility to become technologically… Read More ›
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Genetic discrimination laws: Where is Canada?
On Tuesday, I wrote about the use of evidence of genetic predisposition in Canadian disability law. In this post, I examine where Canada stands on genetic discrimination. Federal and provincial governments in Canada have slowly expanded the list of characteristics… Read More ›
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Genetic predisposition and the law
This spring, concerns that Canadians may be inadequately protected against genetic discrimination bubbled up again. The Canadian Broadcasting Corporation reported on a commentary in the Canadian Medical Association Journal warning of risks if Canada’s Genetic Non-Discrimination Act was overturned. The… Read More ›
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Should your cloud computing provider report suspected security breaches?
Earlier this week, I wrote about new Alberta breach reporting obligations in the Alberta Health Information Act. This post considers how distinctions between suspected, probable, unconfirmed and confirmed data breaches matter in cloud computing agreements. Not every security incident is… Read More ›
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Cloud computing update: Alberta Health Privacy Breach Provisions
On August 31st, new provisions in Alberta’s Health Information Act will come into force that have important implications for users and providers of cloud computing services. These provisions impose new breach reporting obligations on healthcare service providers and other individuals… Read More ›
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Free trials and deceptive trade practices
Earlier this week, I wrote about an interesting development in Quebec regarding the interpretation of section 230(c) of the Quebec Consumer Protection Act. A Quebec court concluded that this provision did not require a merchant to obtain the fresh agreement… Read More ›
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Free trials, introductory offers and negative option billing
An interesting decision of the Quebec Superior Court of Justice came out this year throwing cold water on a class action by consumers in Quebec against well-known telecommunication companies and online media service providers. The case is interesting because it… Read More ›
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Bringing competing values in consumer protection into focus
The Competition Bureau recently brought into focus ongoing regulatory barriers to online sales of prescription eyewear. The Competition Bureau’s advocacy comes in the middle of a dispute between Ontario self-regulatory bodies and a major player in the online sale of… Read More ›