First Reference company logo

First Reference Talks

News and Discussions on Payroll, HR & Employment Law

decorative image

personal information

Three popular articles this week on HRinfodesk

The three popular articles this week on HRinfodesk deal with a recent Ontario Court of Appeal decision that clarified the limitation period for a wrongful dismissal claim starts as soon as working notice is provided, the Morneau Shepell survey which shows employers in Canada are expecting salaries to increase by an average of 2.6 percent in 2019, and guidelines on obtaining meaningful consent.

 

, , , , , , , , , , , , , , , , , , , , , , , ,

Privacy Commissioner of Canada provides guidance on inappropriate data practices

The Privacy Commissioner has outlined several “No-Go Zones”, and organizations are recommended to avoid collection, use and disclosure of personal information for these inappropriate purposes.

 

, , , , , , , , , , , , , , , , , ,

Discrimination or accommodation?

Accessibility legislation in Ontario requires employers to communicate with employees and the public about the availability of accommodation for job applicants with disabilities in both the recruitment process and when making job offers. There is no duty to pro-actively identify an employee’s or candidate’s disability.

 

, , , , , , , ,

Privacy Commissioner of Canada creates draft guidance document outlining inappropriate data practices and no-go zones

On September 28, 2017, the Privacy Commissioner of Canada created a draft guidance document providing clarification on inappropriate data practices, specifically focusing on subsection 5(3) of the Personal Information Protection and Electronic Documents Act (PIPEDA). This provision is entitled, “Appropriate purposes”, and states that, “an organization may collect, use or disclose personal information only for purposes that a reasonable person would consider are appropriate in the circumstances”.

 

, , , , , , , , , ,

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.

 

, , , , ,

Principle of accountability under PIPEDA

Under Personal Information Protection and Electronic Documents Act (PIPEDA), there is nothing that prevents organizations from outsourcing the processing of data inside or outside of Canada—however, organizations must take all reasonable steps to protect that information from unauthorized uses and disclosures when it is in the hands of third party processors. This is where accountability, the first principle in PIPEDA, comes in; and there are obligations to meet regarding training staff that are highly relevant.

 

, , , , , , , ,

“Safeguarding” personal information clarified

You may be wondering, what exactly is “safeguarding” personal information? Thankfully, the Office of the Privacy Commissioner of Canada has clarified how safeguarding can reduce the risk of privacy breaches.

 

, , , , , , ,

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.

 

, , , , , , , , , , , , , , ,

Lessons from the Saanich spyware fiasco and new privacy laws to be aware of

In our current information age, security over electronic information and protection against unauthorized access is foundational to employers’ businesses. To guard against endlessly multiplying electronic threats, employers must resort to electronic means and, understandably, often resort to broad and comprehensive software to protect their operations. However, the situation involving the District of Saanich earlier this […]

 

, , , , , , , , , , , , ,

Digital Privacy Act is now law

The Digital Privacy Act (Bill S-4) passed into law, introducing (among other things) significant fines and mandatory breach notification (not yet in force) into the Personal Information Protection and Electronic Documents Act (PIPEDA).

 

, , , , , , , , , ,

Genetic testing in the workplace: The new face of discrimination?

The human rights landscape in Canada is shifting and society’s view of which personal characteristics deserve protection has changed dramatically. This is the result, in part, of technological advance. New technologies can offer great economic benefit but can simultaneously expose individuals to new forms of discrimination.

 

, , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with STD/LTD payments and termination notice; the impact of employees playing volleyball during lunch hours; and, how to destroy personal information.

 

, , , , , , , , , ,

Arbitrators should apply ‘privacy spectrum’ to personal information

The names of people involved in labour arbitration should be disclosed with the arbitrator’s decisions, unless there are compelling reasons not to do so, according to the open-court principle and the public’s interest. The British Columbia Labour Relations Board affirmed the law in a recent review of an arbitrator’s decision. The board also affirmed arbitrators’ […]

 

, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ,

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 […]

 

, , , , , , , , , , , , , , , ,

Three popular articles this week on HRinfodesk

Three popular articles this week on HRinfodesk deal with a privacy class action lawsuit; the meaning of substantially gainful employment under CPP; and the taxability of forgoing a non-cash gift.

 

, , , , , , , , , , , , , , ,

Previous Posts