Lyndsay A. Wasser 

Toronto

Brookfield Place, Suite 4400

181 Bay Street

Toronto, Ontario M5J 2T3

t: 416.865.7083

e: lyndsay.wasser@mcmillan.ca

overview

Lyndsay is the Co-Chair of McMillan’s Privacy & Data Protection Group and its Cybersecurity Group.  She is a Certified Information Privacy Professional/Canada, and regularly advises and assists clients on a broad range of privacy and cybersecurity issues, including advising on access requests, legal requirements related to data security, workplace privacy issues (e.g. background checks, computer/video/phone monitoring, GPS tracking, drug and alcohol testing), handling personal health information, CASL compliance, and transferring personal information across borders, as well as helping organizations to develop privacy compliance programs, privacy and social media policies, data sharing agreements and consent forms.

Lyndsay has extensive experience advising and representing clients in connection with privacy and data breaches involving different types of information including payment card information, patient data, employee personal information, and sensitive identity information. She has assisted clients in a number of industries with risk assessment, breach response strategy, complying with notification obligations, communication with regulators and coordinating forensic investigations.

Lyndsay also advises and assists management with respect to all areas of employment, labour, pension and benefits laws, including advising on hiring, performance management, employment standards, human rights laws and employment terminations, as well as drafting or reviewing employment contracts, compensation plans and employment policies. Lyndsay advocates for clients in wrongful dismissal actions, human rights applications, workers' compensation claims, complaints to the Ministry of Labour, and matters before the Ontario Labour Relations Board and the Canada Industrial Relations Board.

In addition, Lyndsay regularly provides advice and assistance to vendors and purchasers with respect to the privacy and employment aspects of corporate transactions, including negotiating the terms of purchase agreements, evaluating issues in the transactions, and drafting offer letters and other contracts for transferring employees.

Lyndsay regularly writes and speaks on privacy and employment-related topics, and is the co-author of Privacy in the Workplace, 4th ed. and the Privacy chapter in the Ultimate Corporate Counsel Guide (CCH).

Representative Matters

Corporate Transactions

• Acted for Roseburg Forest Products, in connection with its first international acquisition of Pembroke MDF, an Ontario MDF and molding facility.

Cases

• Harper v Ludlow Technical Products Canada Ltd, 2011 CanLII 73172 (ON LRB)
• Critical Path Couriers Ltd., 2011 CIRB 604 (CanLII)

Presentations

Publications

News

Education

• Osgoode Hall Law School, Certificate in Pension Law - 2016
• Osgoode Hall Law School, LLB - 2003
• York University, Specialized Honours Bachelors Degree in Psychology (summa cum laude) - 2000

Year Of Call

• Called to the Ontario bar - 2004

Directorships and Professional Associations

• International Association of Privacy Professionals
• Ontario Bar Association
• Canadian Bar Association
• Toronto Lawyers Association
• American Bar Association

Awards & Rankings

Lyndsay is the recipient of multiple Awards in Law, including the Bronze Medal and prizes for placing first in first year law at Osgoode Hall Law School. A complete list of her legal Awards is as follows:

• The Bronze Medal, Osgoode Hall Law School
• Carswell Prize – for placing first in first year law at Osgoode Hall Law School
• McCarthy Tetrault Prize – for placing first in first year law at Osgoode Hall Law School
• McMillan Prize in Contracts
• STEP Prize for Trusts and Estates
• Martin J. Rochwerg Prize in Tax, Estates & Trusts Law
• Shibley Righton LLP Prize in Taxation

Media Mentions

• "In home switch, companies risk exposing private data", Automotive News, August 2020
• "The Most Futuristic Developments We Can Expect in the Next 10 Years", Gizmodo, October 24, 2019
• "Anti-spam laws are overreaching, say lawyers", by Julius Melnitzer, Law Times, April 29, 2019
• "The battle over data localization", CBA National, April 15, 2019
• "UK secures post-Brexit data flow deals with nine countries", by Laura Linkomies, Privacy Laws & Business International Report, April 2019
• "Are you testing for drugs, or for alcohol?", by John Dujay, Canadian HR Reporter, April 1, 2019
• "Into the Breach", by Julius Melnitzer, Lexpert Business of Law, November 13, 2018
• "Rules tighten for reporting data breaches: If ‘real risk of significant harm,’ intrusions must be reported", by Melissa Campeau, Canadian HR Reporter, November 5, 2018
• "CIBC class action could ‘send a signal’ on data privacy", by Megan O’Toole, University of Kings College, July 27, 2018
• "Will in-cab cameras survive privacy challenges?", by Jim Park, Today's Trucking, July 17, 2018
• "Smile? On-board cameras can offer in-cab insights", by Jim Park, Today's Trucking, July 17, 2018
• "Uber hack raises disclosure concerns, calls for stronger data protection", by Ian Bickis, The Canadian Press, November 23, 2017
• Erased from Posterity. Europe’s General Data Protection Regulation will soon come into force, requiring major Canadian companies to carry new costs associated with a higher standard of data privacy", by Brian Burton, Lexpert Magazine, November/December 2017
• "Privacy protection in the data room", by Sandra Rubin, Lexpert Business of Law, November 13, 2017
• "Former Equifax CEO before Congress: human, technical errors led to data breach”, The Business of Law - BNN, October 3, 2017
• "European court decision highlights issues around workplace privacy. Monitoring email among challenges for employers”, by John Dujay, Canadian HR Reporter, October 2017
• "Equifax to update Canadians this week, still mum on number impacted by hack", by Armina Ligaya, The Canadian Press, September 18, 2017
• "Equifax to reveal Canadian impact of data breach this week as executives face insider trading probe", by Armina Ligaya, The Canadian Press, September 2017 
• "Equifax says it will update Canadians this week about cyberbreach", The Canadian Press, September 2017 
• "Equifax hack: No numbers released yet as company promises Canadian update", by Armina Ligaya, The Canadian Press, September 2017 
• "TerraLex Beacon Alert – A Global Perspective on Lessons from Equifax” by Andrea Arteaga, TerraLex News, October 2017
• "Canada: Suspension of CASL private right of action prevents “speculative class action litigation", by Kaveh Lahooti, Data Guidance, June 2017
• "Canada: Genetic Non-Discrimination Act “limits an employer’s ability” to use genetic information", by Kaveh Lahooti, Data Guidance, May 2017
• "Beware of ransomware", The Business of Law - BNN, February 3, 2017
• "When good parties go bad: Employer liability for the office Christmas party" Business Day PM - BNN, December 13, 2016
• "Popular Pokémon GO app attracts criticism on cybersecurity", The Business of Law - BNN, July 15, 2016 
• "Is your data safe?" by Ann Macaulay, CBA National, May 2, 2016
• "Why your iPhone security may soon be at risk", The Business of Law - BNN, February 19, 2016
•  Featured in LexisNexis "Faces Campaign", December 2016
• "Cybersecurity Liability Come to the Boardroom", by Sandra Rubin, Lexpert, October 5, 2015
• "Disclosure inconsistent as Canada data breaches multiply", by Gary Stoller, Third Certainty, October 1, 2015
• "Are companies doing enough to avoid data breaches?", The Business of Law - BNN, August 7, 2015
• "Risks and rewards of social media employment screening" by Liz Foster, Canadian HR Reporter TV, July 2015
• "School's out for the summer...but teacher strikes loom", The Business of Law - BNN, July 17, 2015
• "Vital to balance employee privacy with security" by Jennifer Brown, Canadian Lawyer, May 25, 2015
• "Managing your privacy risk" by Pablo Fuchs, National Magazine, April 2014
• "Beware! Big Brother culture will have adverse effect on creativity, productivity" by Dan Ovsey, Financial Post, February 26, 2014
• "Privacy in the private sector workplace" by Christine Sopora, National Magazine, February 14, 2014