LinkedIn Class Action Dismissed

On March 5, 2013 the California District Court[1]  dismissed a proposed class action against LinkedIn arising from hackers infiltrating LinkedIn’s computer system.

In June 2012 hackers infiltrated LinkedIn’s computer system and posted approximately 6.5 million user passwords on the Internet.  Following the breach, …

New Anti-Spam Regulations

In July of 2012 I wrote an entry for this blog discussing Canada’s pending anti-spam legislation.  On January 5, 2013 Industry Canada released a revised set of proposed regulations to the legislation, titled the Electronic Commerce Protection Regulations.  There is a 30 …

Privacy and Workplace Computers

The Supreme Court of Canada has now released its decision in the case of R v. Cole, affirming that an employee in a workplace has a reasonable expectation of privacy about personal information contained on workplace computers.  This expectation …

Canada’s Anti-Spam Initiative

The lay person’s definition of “spam” likely contemplates advertisements for questionable drug enhancement products and solicitation from individuals set to receive a substantial inheritance; however, Canada’s anti-spam legislation tackles more than just these quintessential stereotypes. The law takes the approach …

Ensuring the accuracy of personal information

The British Columbia Court of Appeal in B.C. (Ministry of  Children and Family Development) v. Harrison has confirmed a broad interpretation of the obligation on a public body under the Freedom of Information and Protection of Privacy Act (“FIPPA“) …

Opt-in or Opt-out?

A recently reported initiative by Microsoft resulted in the residual or “default” setting on the new Internet Explorer 10 browser being fixed as a “do not track” request.  This would mean that unless an individual user took the proactive step of changing …

Privacy Compliance Guidelines – British Columbia

The British Columbia Information and Privacy Commissioner has recently published a number of new or updated resources for private sector organizations.  These materials are publicly available on the Commissioner’s website and provide a useful education tool (or refresher) for chief …

“Heavy handed approach” to privacy protection violates union’s Charter right to free expression

The Alberta Court of Appeal has upheld a decision from Court of Queen’s Bench finding that the Alberta Personal Information Protection Act (“PIPA”) was unconstitutional in its application to the activities of a union .  In doing so, the …

Whose email is it? University does not control personal email of faculty members

Who controls the personal email of public body employees on the public body’s email system? Under public sector information and privacy legislation all records, including email, that are  in the custody of or under the control of the public body are …

B.C. Supreme Court confirms Commissioner’s jurisdiction to decide questions of solicitor-client privilege

The B.C. Supreme Court’s recent  reasons in School District No. 49 (Central Coast) v British Columbia (Information and Privacy Commissioner), confirms the Commissioner’s jurisdiction to decide questions of solicitor-client privilege over information in public body records.  However, the Court also concluded that …