privacy and data protection 

 

Privacy and Data Protection are interrelated concepts that involve complex statutory, regulatory and common law requirements and restrictions. Privacy and data breaches - whether accidental or intentional - are frequent front-page news stories that damage corporate reputations and have led to an increasing number of class action lawsuits.

Federal, provincial and municipal legislation across Canada sets out rules governing collection, use, storage, security, disclosure and disposal of personal information by private sector organizations as well as government bodies and institutions. Some provinces have also created statutory torts that create liability for violations of privacy even without proof of damages. In addition, virtually every jurisdiction in Canada has specific legislation applicable to personal health information, and some organizations (e.g., financial institutions) must comply with sector-specific statutes and/or regulatory guidelines.

Furthermore, litigation related to privacy and data protection issues has become common, with claims encompassing recognized causes of action such as negligence, breach of contract, statutory breach and "intrusion upon seclusion," as well as potential new torts like "publicity given to private life" and the more amorphous "breach of privacy".

Understanding and complying with such multifaceted and often overlapping obligations and restrictions can be difficult. However, with cybersecurity incidents and other breaches on the rise, organizations cannot afford to ignore this high risk area.

McMillan's Privacy & Data Protection Group helps clients examine the impact of privacy and data protection laws and regulatory requirements upon their businesses and implement measures to reduce risks. Our lawyers understand the laws and their impact on day-to-day business activities, including in areas with specific sensitivities, such as online privacy and data protection, youth privacy, health privacy, employee privacy, cross-border data transfers (including cloud computing), and use of personal information for secondary marketing purposes.

We help clients understand how they can balance compliance with innovation, employer rights, and business needs.

August 2017

Cybersecurity Bulletin

June 2017

Litigation and Privacy Bulletin

June 2017

Privacy and Capital Markets (Investment Funds and Asset Management) Bulletin

June 2017

Litigation, Business Law and Technology Bulletin

June 2017

Employment Law and Data Protection Bulletin

June 2017

Employment and Labour Bulletin

May 2017

LexisNexis Canada

April 2017

Securities Bulletin

April 2017

Cybersecurity Bulletin

January 2017

Privacy and Class Action Bulletin

November 2016

Litigation Bulletin

October 2016

Canadian Securities Law News (November 2016, Number 274)
Securities Bulletin and Cybersecurity Bulletin

September 2016

Cybersecurity Bulletin

August 2016
Privacy Bulletin
June 2016
Privacy Bulletin
May 2016

Cybersecurity Bulletin

April 2016
Cybersecurity Bulletin
Deal Points
March 2016
Privacy and Cybersecurity Bulletin
March 2016
Cybersecurity Bulletin
February 2016
Privacy Bulletin
February 2016
Privacy Bulletin
February 2016
January 2016
Cybersecurity Bulletin
TerraLex
December 2015
Canadian Privacy Law Review, Vol. 13, No. 1
November 2015
Privacy Bulletin
November 2015
Privacy Bulletin
Privacy Bulletin
October 2015
Privacy Bulletin
October 2015
Privacy Bulletin
Canadian Corporate Counsel, Volume 24, Number 8
September 2015
Canadian Privacy Law Review, Vol. 12, No. 10
September 2015
Privacy Bulletin
August 2015
Health Law Bulletin
August 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
CACE 12th Annual Conference, 2015 Presentation Paper
June 2015
Privacy Bulletin
May 2015
Privacy Bulletin
March 2015
Privacy Bulletin
December 2014
Privacy Bulletin
November 2014
Canadian Privacy Law Review, Volume 11, Number 12
Emmanuelle Saucier and Eloise Gratton
November 2014

Privacy Bulletin

October 2014
Privacy Bulletin
September 2014
Privacy Bulletin
August 2014
Privacy Bulletin
June 2014
(Available in French only)
Les Cahiers de propriété intellectuelle
June 2014
Privacy Bulletin
May 2014
McMillan at a glance
April 2014
Privacy Bulletin
January 2014
Privacy Bulletin
January 2014
Privacy Bulletin
January 2014
Privacy Bulletin
December 2013
Wolters Kluwer CCH
December 2013
Privacy Bulletin
December 9, 2013
Workplace Privacy - Social Media Checks
Lexpert Seminar on Information Privacy and Data Protection
December 2013
Employment and Labour Bulletin
Submitted to the Canadian Corporate Counsel Association (CCCA) webinar, December 2013
November 2013
Privacy Bulletin
November 2013
Privacy Bulletin
November 2013
Employment and Labour Bulletin
November 2013
Privacy Bulletin
June 2013
Privacy Bulletin
May 24, 2013
IAPP Canada Privacy Symposium
May 2013
Privacy Law Bulletin
April 2013
Privacy Law Bulletin
April 2013
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
CCCA National Spring Conference
March 2013
Privacy Bulletin
January 2013
Privacy Bulletin
December 2012
Canadian Privacy Law Review
Volume 10, Number 1
November 2012
Privacy Bulletin
September 2012
Litigation Bulletin
July 2012
Privacy Bulletin
October 2011
Privacy Bulletin
October 2011
Privacy Bulletin
May 2011
Privacy Bulletin
March 2011
Canadian Privacy Law Review
November 2010
Privacy Law Bulletin
2010
Canadian Requirements for Electronic Monitoring in the Workplace
International Privacy Guide, Thomson Reuters, vol.3, 2010
2010
Canadian Legal Requirements for Electronic Marketing
International Privacy Guide, Thomson Reuters, vol. 2, 2010
2009
International Transfers of Personal Data, Treatment of Personal Data Transfers in the Americas: Canada
International Privacy Guide, Thomson Reuters, vol. 1, 2009
December 2006
Advertising and Marketing Bulletin
May 2006
CMA 2006 National Convention & Trade Show
October 2004
The Eight Annual Canadian IT Law Association Conference Materials, October 2004, 10 pages