The new proposed Bill 14 would apply to every “organization”, which is defined as including persons, unincorporated associations and other organizations but does not include certain individuals, public bodies (some of which include the government, a municipality, or a municipal board of Ontario) and Ontario courts.
When engaging with personal information, consulting local privacy counsel is a must. Privacy legislation varies from province to province and failing to appreciate even slight differences can result in class action claims like in the Douez case. Facebook’s preliminary motion was rejected but the class action has yet to be certified. The opinions of the divided Court in Douez could be used to provide supporting arguments for both sides in a situation where the facts are just slightly different.
As an employer, you may be contemplating creating a bring your own device program in the workplace. There are several advantages to having such a program—companies can save a great deal of money and make employees happy by allowing devices in the workplace. However, there are significant concerns that need to be addressed if this is the direction the company wishes to take.
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