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Privacy and Security

When sharing is not caring: The high cost of breaching confidentiality

Only a very small percentage of disputes proceed all the way to a hearing or trial. The vast majority settle at some point, for reasons that are fairly well known. One of the key reasons in many cases is confidentiality; often, the parties want to avoid a public hearing and a published judgment that sets out all of the intimate details of the case, as well as the findings of the judge with respect to fault and blameworthiness.

 

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Recent reports regarding privacy: 2018-2019 survey of Canadians on privacy and 2017 survey of Canadian businesses on privacy-related issues

The Privacy Commissioner of Canada has a mandate to protect and promote privacy rights of Canadians, and this includes conducting public opinion research with the general population and also with Canadian businesses on privacy-related issues.

 

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Ontario amends pension legislation to address electronic beneficiary designations

While legislation existing prior to the introduction of section 30.1.1 (namely, the SLRA and Electronic Commerce Act (Ontario) (ECA)) may be reasonably interpreted to already permit electronic beneficiary designations in pension and certain other contexts, it did not contain an express provision addressing the point.

 

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A reasonable expectation of privacy: The application of R v. Jarvis to the employment context

The recent Supreme Court of Canada decision in R v. Jarvis addressed the circumstances that give rise to a reasonable expectation of privacy. While the case directly considered whether certain recordings violated the Criminal Code, the Court’s broad analysis of when a reasonable expectation of privacy exists applies outside the criminal context, with relevance to employers.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the 2019-20 Budget and privacy issues with Equifax.

 

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Employee caused data breaches: What’s an organization to do?

Data and privacy breaches caused by hacking and social engineering fraud are here to stay. Once considered an emerging risk, cyber is now a reality facing every organization.

 

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R v Jarvis: the Supreme Court of Canada clarifies the interpretation of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada

On February 14, 2019, the Supreme Court of Canada made a landmark decision in R v Jarvis with its interpretation of the meaning of “reasonable expectation of privacy” in the context of section 162(1) of the Criminal Code of Canada involving a criminal offence of voyeurism.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the 2019-20 Budget, privacy guidelines in Alberta for managing emails and what happens when an employer overpays an employee by mistake.

 

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Privacy Commissioner releases guidance document regarding cannabis transactions and privacy protection

The Office of the Privacy Commissioner of Canada recently released a guidance document to help cannabis retailers and purchasers understand privacy rights and obligations under the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with privacy laws and T4s, pay transparency reporting requirements, and a breach of salary information under the Personal Information Protection Act in Alberta.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with record retention, video surveillance and the wage gap.

 

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Top 10 Ontario employment law stories of 2018

In 2018 there were many new developments in the employment law world. Here are my top 10 stories of
the year:

 

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Top 10 most-read First Reference Talks blog posts for 2018

This year on the First Reference Talks blog we’ve been covering some of the hot topics in employment and labour law and employee management.

 

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What employers should know about conducting police record checks

The Police Record Checks Reform Act, 2015 standardized police record checks in Ontario as of November 1st 2018. Ontario Employers who conduct police record checks in regards to hiring employees or other purposes must know the requirements of this new legislation:

 

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5 questions regarding PIPEDA’s mandatory breach reporting – What human resources professionals need to know

This blog answers 5 key questions employers have with respect to the new mandatory breach reporting requirements under PIPEDA.

 

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