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Data breach

Proposed privacy breach of security safeguards under PIPEDA

Organizations that have control over an individual’s personal information are recommended to become familiar with the proposed requirements so that they are prepared to respond to the changes.

 

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Privacy Commissioner releases annual report regarding portable storage devices

On December 10, 2015, the Privacy Commissioner of Canada released an annual report to Parliament highlighting a result of an audit of the government’s management of portable storage devices and reported data breaches.

 

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Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with major changes to PIPEDA; family status test in Alberta; and termination due to a mental disability.

 

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Privacy class action to proceed

Canada will see its first class action lawsuit based on the new tort of invading another’s privacy, after a Bank of Nova Scotia employee leaked customers’ personal information to his girlfriend for personal gain. At least 138 customers were subsequently defrauded. Ontario’s Superior Court accepted that the employer was vicariously liable for the employee’s actions […]

 

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Slaw: Using employee (patient) health information in human resources investigation

The Alberta Information and Privacy Commissioner recently confirmed that Alberta Health Services (AHS) breached the rights of one of its employees by intentionally using information from his addiction counselling against him during a human resources investigation. The breach of the employee’s personal health information clearly contravened the Health Information Act (HIA).

 

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Termination for cause upheld for breach of computer information access policy

Ontario’s Labour Arbitration Board recently held that an employer did not overreact when it terminated an IT employee for cause after he used an employer computer to download, store and share thousands of copyrighted works including movies, TV shows, music tracks, games and pornographic material, totalling over half a terabyte of data. The board found that the employee violated the employer’s trust in him and acted in flagrant disregard for the employer’s computer information access policy over many years.

 

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