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PIPEDA

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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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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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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Privacy Commissioner of Canada’s consent guidelines are in effect as of January 1, 2019

Last spring, the Office of the Privacy Commissioner of Canada released an important guidance document concerning meaningful consent. It now applies as of January 1, 2019.

 

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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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Privacy Commissioner of Canada seeks feedback on breach reporting guidance

On September 17, 2018, the Office of the Privacy Commissioner of Canada (Privacy Commissioner) invited stakeholders to provide feedback on a draft guidance and draft breach reporting form entitled What you need to know about mandatory reporting of breaches of security safeguards by October 2, 2018.

 

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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.

 

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Privacy Commissioner of Canada provides guidance on meaningful consent

Obtaining meaningful consent represents a significant responsibility, and the Privacy Commissioner has created a checklist to assist organizations in achieving compliance.

 

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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.

 

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The European Union’s General Data Protection Regulation (GDPR) took effect on May 25, 2018 – what does this mean for Canadian organizations?

When determining whether the GDPR applies to our organization, it is important to ask questions such as, “Do I have an establishment in the EU?”, “Do I offer goods or services to individuals in the EU?”, and “Do I monitor the behaviour of individuals in the EU?”

 

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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”.

 

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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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PHIPA fines in the workplace

This spring the largest penalty to date was issued under Ontario’s Personal Health Information Protection Act (PHIPA). A social work student was convicted of accessing personal health information without authorization, and ordered pay a $20,000 fine and a $5,000 victim fine surcharge.

 

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HR and IT: An uneasy alliance

HR is being called on to focus primarily on strategic goals and to add increasing value to organizations. The other field that has become an integral part of business is technology. It is therefore not surprising that in HRs effort to become increasingly relevant, IT is being leveraged in the execution of the HR function in an increasing number of ways. This e–HR revolution has taken many forms, from applicant tracking systems, to machine learning in recruitment and selection to software driven onboarding and employee HR support. The consequence of this is that more and more HR activities are being executed electronically—by a computer instead of by a person.

 

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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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