On May 7, 2020, the Office of the Privacy Commissioner of Canada (OPC) and the provincial and territorial Information and Privacy Commissioners issued a joint statement on privacy principles for contact tracing and similar apps. (Aside: yes, not to be… Read More ›
Genetic non-discrimination as a privacy issue
The Supreme Court of Canada will hear an appeal regarding the constitutionality of Canada’s Genetic Non-Discrimination Act (GNDA) on October 10, 2019. The GNDA was one of the rare private members’ bills to be passed by Parliament with support across… Read More ›
Rights, remedies and the means to pursue them: Rouge Valley Health System case goes to appeal
Enthusiasts for the tort of intrusion upon seclusion as the new frontier for holding organizations and their employees to account for privacy-related wrongs were forced to step back and regroup after the Ontario Superior Court of Justice’s decision in Broutzas… Read More ›
Just how narrow is the tort of intrusion upon seclusion?
Enthusiasts for the tort of intrusion upon seclusion as the new frontier for holding organizations and their employees to account for privacy-related wrongs will need to regroup after the Ontario Superior Court of Justice’s decision in Broutzas v. Rouge Valley… Read More ›
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 ›
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 ›
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 ›
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 ›
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 ›
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 ›