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Privacy and Security

8 tips on keeping an investigation confidential

Investigations contain sensitive material that must always be kept confidential, a standard which has been adopted in the Ministry of Labour’s Code of Practice.

 

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The Government of Canada implements its New Preclearance Act

On August 15, 2019, US Department of Homeland Security announced that the United States and Canada had implemented its Agreement on Land, Rail, Marine, and Air Transport Preclearance between the Government of the United States of America and the Government of Canada (Preclearance Agreement). The Preclearance Agreement was signed by the US Secretary of Homeland Security and Canadian Minister of Public Safety and Emergency Preparedness on March 16, 2015, as part of the Beyond the Border Action Plan.

 

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Believing women while remaining neutral: Conducting sexual harassment and sexual violence investigations in a post-#metoo world

As in all investigations, the only way to sort out information that does not seem to make sense is to ask. In the case of complainants who may have experienced a traumatic event, asking such questions in a calm, non-judgmental way is more important than ever.

 

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Failing to abide by confidentiality provisions in a settlement agreement can cost you your settlement payment

The recent decision of an arbitrator in the matter between Acadia University and Acadia University Faculty Association (Re Dr. Rick Mehta), 2019 CarswellOnt 8518 (Lab Arb) emphasizes the importance of abiding by a confidentiality provision in a settlement agreement.

 

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Financial disclosure required for sentencing only in exceptional circumstances

A recent decision from the Ontario Court of Justice suggests that extraordinary circumstances are required in order for a defendant to be compelled to produce financial documents to the Crown for the purposes of a sentencing hearing.

 

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Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with the duty to accommodate family status, rising insured health care and a privacy breach.

 

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Workplace data theft – Protect your company with best practices

The Capital One Data Breach has been big news lately, and for good reason. It’s a big deal. This breach compromised the data of over 100 million Capital One customers. Instead of a shadowy overseas hacker or a creepy crawler from the dark web, the hacker was a former employee of the cloud hosting company through which Capital One stored their data.

 

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PIPEDA Interpretation Bulletin regarding safeguards

The Privacy Commissioner of Canada has an Interpretation Bulletin dealing with privacy safeguards that can serve as helpful guidance for organizations who are subject to the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

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Is GPS data “personal information?”

A recent decision by the Alberta Privacy Commissioner has confirmed that in some cases, an organization’s requirement for independent contractors to install GPS tracking devices on their vehicles will not violate applicable privacy legislation but does the data collected may be considered “personal information”.

 

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Privacy considerations when organizations use “bring your own device programs”

The Privacy Commissioner of Canada, together with Offices of the Information and Privacy Commissioners of British Columbia and Alberta, created the document, Is a Bring Your Own Device (BYOD) Program the Right Choice for Your Organization? in 2015 that is still relevant today.

 

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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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