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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.

 

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“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.

 

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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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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 […]

 

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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).

 

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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.

 

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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.

 

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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’ […]

 

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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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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.

 

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Three of the most popular articles this week on HRinfodesk

Three of the most popular articles this week on HRinfodesk deal with employment standards proactive inspections; disclosure under privacy law; and severance entitlements.

 

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Can employers publicize terminations via social media? Dallas’ police chief says yes

In the name of transparency and building public confidence in the local police force, Dallas police chief David O. Brown has begun posting announcements of staff terminations and demotions on the social networking services Twitter and Facebook. Chief Brown is surely blazing a trail with the controversial practice, but it remains to be seen whether others will follow—or if it’s even legal…

 

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BYOD: is personal information visible over corporate networks?

Employers are increasingly drafting and implementing bring-your-own-device (BYOD) policies for their employees. And they should be, since employees are increasingly using their personal digital devices—phones, tablets, laptops—to perform work, both in and out of the workplace. But employees may have trouble trusting their employers to stay out of their personal information…

 

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Some legal pitfalls of security breaches to your company’s electronic data

The recent loss of a Canadian government hard drive containing personal information of receivers of student loans and the ensuing class action lawsuit are a stark reminder of how easy it is to be exposed to the pitfalls of data security breaches. In this day and age, when company data is stored on small, mobile devices, all it takes is an absent-minded employee leaving their USB key or smarthpone on the subway.

 

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Understanding employee privacy and work-issued computers

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Last week, Alison J. Bird wrote for the First Reference Talks blog about the R. v. Cole case, involving a high school teacher who had kept photos of a naked, underage student on his work computer. In the several days, there have been a flurry of news stories calling attention to privacy boundaries employees can expect regarding work-licensed technology.

 

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