Lyndsay A. Wasser 

Co-Chair, Privacy & Data Protection
Co-Chair, Cybersecurity
Toronto  t: 416.865.7083  |  e: lyndsay.wasser@mcmillan.ca

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

General Data Protection Regulation (GDPR), Product Liability, and Recalls
Privacy Laws & Enforcement
Investing in the Canadian AI Ecosystem
The Evolving Landscape of Cybersecurity Law in Canada: new breach notification obligations and guidance from the regulators
IAPP Canada Privacy Symposium 2018
FinTech Regulation and Privacy
Privacy Law Update
Legal Implications of Cybersecurity
Privacy Law Update
Current Issues in Privacy Law and CASL
Cybersecurity Landscape in 2015 – Recent Trends and Developments
Drafting Employment Contracts
Privacy in the Workplace
Workplace Privacy - Social Media Checks
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
Preventing and Responding to Privacy Breaches in the Workplace
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Employee Privacy
Summary Judgment and Mini Trials in Employment Law Cases
Summary Judgement and Mini Trials in Employment Law Cases

Publications

OPC Maintains Status Quo on Transborder Data Flows...At Least for Now!
"Gonna stand my ground; And I won't back down"¹ – The OPC charges forward with its controversial consultation on transborder dataflows/transfers for processing
Proposed Digital Charter Could Bring Sweeping Changes to Canadian Privacy Laws
Is Data Residency Coming to Canada? The OPC Signals a Major Change to its Policy Position on Transborder Dataflows
The Privacy Commissioner's Guide to Protecting Personal Information in Cannabis Transactions
A $250,000 Reminder that "CASL" is Not Just an Anti-Spam Law
PIPEDA – How to Obtain "Meaningful" Consent, and When Consent is Not Enough
PIPEDA's Breach Reporting Requirements Finalized, to Come Into Force November 1, 2018
Employee Privacy Guidance Note - Canada
Employee Monitoring (Canada), Practice Note Practical Law (Revised from May 11, 2017)
Prying Eyes: Risk of Employee ‘Snooping' and How to Reduce it
Cybersecurity – The Legal Landscape in Canada
Supreme Court of Canada Turns the Other Cheek: Facebook's "Terms and Conditions" – Forum Selection Clause Unenforceable
CASL Private Right of Action Delayed; Enforcement by CRTC Continues
Data protection in the field of employment in Canada
Privacy in the Workplace, 4rd Edition
Canada - Employee Privacy Guidance Note
Are You Ready for CASL's Private Right of Action?
Privacy Practice Note for LexisNexis Practice Advisor Canada
Ontario's Pooled Registered Pension Plans Act Takes Effect
McMillan Cybersecurity Article Series
Speak Now: Consultation on Solvency Funding for Defined Benefit (DB) Pension Plans
The GDPR – Key Points for Canadian Businesses
Privacy Alert: Proliferation of Access Requests as New Tools Automate Request Generation and Distribution
Cybersecurity and the Internet of Things
Privacy and Cybersecurity Issues in Canadian M&A Transactions
Introducing Safe Harbour 2.0: the EU-US Privacy Shield
Can you keep a secret? The courts recognize a new tort for public disclosure of private facts
Safe Harbour Not Safe Enough: Data Transfers From E.U. To U.S. Out To Sea
Ashley Madison – A new era in privacy class actions for Canada?
Access Requests
Cloud Computing
Flag on the Play?
Recent Disclosure of NFL Player's Medical Information Sparks Allegations of Privacy Violations
More Changes to Cyber Security Laws on the Horizon?
McMillan Privacy Basics Bulletin Series
Data Protection Agreements
Ought We Fear the Time Of Year? Summer Dismissals May Warrant Longer Notice Periods
Breach Response Plans
Cybersecurity
Privacy Training
PIPEDA Changes Finally Pass
Privacy Programs
Privacy Policies
Bell Gets a Bad Rap for its RAP (Relevant Advertising Program)
Monitoring the Mayor – B.C. Mayor alleges that computer monitoring violated his privacy
Off-Colour/Off-Duty – Termination of Hydro One Employee Garners Media Attention
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Privacy Chapter
Managing Your Privacy Risk, An In-House Guide
Age Discrimination in Benefit Plans - Talos v Grand Erie District School Board
Are Contractual Termination Provisions Reliable?
Top Five Workplace Privacy Questions
Privacy in the Workplace, 3rd Edition
Proposed amendments to the ESA – new leaves for Ontario employees?
Juries punish employers: two recent cases highlight the risk of treating employees poorly1
Social media background checks in Canada – Do the risks outweigh the rewards?1
Overtime class actions – leave to appeal denied
Cybersecurity & Data Protection – the Evolving Canadian Landscape
Ontario Court of Appeal recognises new tort for invasion of privacy
Employees have a reasonable expectation of privacy in workplace computers, says Supreme Court
On the hook: employer liability for traffic accidents caused by cell phone usage
Harassment in the workplace: limitations on an employer's responsibilities
Racism – is speculation enough?
Seclusion intrusion: A common law tort for invasion of privacy
Background Checks – Uncovering Ominous Pasts
Background Checks - Uncovering Ominous Pasts
Employee privacy rights finally recognized?
Workplace Violence and Harassment: New Obligations Under the Occupational Health And Safety Act
More Restrictions on Restrictive Covenants: The SCC's Decision in Shafron v. KRG Insurance Brokers (Western)
Application of Privacy Laws to Employee Information in a Sale of Business
The Importance of an Anti-Discrimination Policy
Family Fun in February?
Uh Oh Overtime!
Dismissal Before Conviction: Can an Employee Charged with a Criminal Offence be Dismissed for Cause?
Book Review – International Labour Standards: Globalization, Trade and Public Policy
Pension Surplus Distribution on a Partial Wind Up: The Supreme Court of Canada's Decision in Monsanto Canada Inc.
Case comments published in the 'Employment and Labour Law Reporter' on the following cases:

News

Uber Hack: Wasser says Uber breach may put pressure on Government to expedite PIPEDA breach reporting requirements for Canadian Press
Lyndsay Wasser explains why privacy issues are gaining prominence in business transactions for Lexpert Magazine
Equifax Cyberbreach: Wasser tells Canadian Press Canada's privacy watchdog does not have the power to hand down fines
Lyndsay Wasser comments on the deferral of CASL's private right of action for Data Guidance.com
Lyndsay Wasser discussed the Genetic Non-Discrimination Act for DataGuidance.com
Lyndsay Wasser discusses liability and legal issues surrounding Pokémon GO app with BNN
Lyndsay Wasser discusses data breaches with Third Certainty
Lyndsay Wasser quoted in Lexpert article: "Cybersecurity comes to the Boardroom"
Lyndsay Wasser weighs the pros and cons of screening job candidates using social media in the Canadian HR Reporter
Watch video: Lyndsay Wasser talks about the do's and don'ts of social media screening
Lyndsay Wasser comments on the importance of balancing employee privacy with security in Canadian Lawyer
Lyndsay Wasser discusses employee monitoring policies in Financial Post
Éloïse Gratton and Lyndsay Wasser featured in National Magazine on privacy in the private sector workplace
Éloïse Gratton and Lyndsay Wasser publish Privacy in the Workplace, 3rd Edition

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

Practices

privacy and data protection
cybersecurity
CASL - spam and other electronic threats
employment and labour relations
confidential information
employment law
employment litigation
executive compensation
harassment and discrimination
labour relations
freedom of information and access to information

Industries

banking, finance and insurance
energy
life sciences
media, communications and entertainment

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

vcard

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).

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)
April 2018
Employee Privacy Guidance Note - Canada

DataGuidance (Updated from May 2017) 

January 22, 2018
Employee Monitoring (Canada), Practice Note Practical Law (Revised from May 11, 2017)
October 2017
Cybersecurity – The Legal Landscape in Canada

Cybersecurity Bulletin

June 2017
CASL Private Right of Action Delayed; Enforcement by CRTC Continues

Litigation, Business Law and Technology Bulletin

June 2017
Data protection in the field of employment in Canada

Employment Law and Data Protection Bulletin

May 2017
Privacy in the Workplace, 4rd Edition

LexisNexis Canada

May 2017
Canada - Employee Privacy Guidance Note

DataGuidance

January 2017
Are You Ready for CASL's Private Right of Action?

Privacy and Class Action Bulletin

December 2016
Privacy Practice Note for LexisNexis Practice Advisor Canada
November 2016
Ontario's Pooled Registered Pension Plans Act Takes Effect

Employment and Labour Bulletin

November 2016
McMillan Cybersecurity Article Series

McMillan LLP

May 2016
Cybersecurity and the Internet of Things
Article reprinted from the May 2016, Volume 13, Number 6 issue of Canadian Privacy Law Review; This article was first published in Canadian Corporate Counsel, a Thomson Reuters Canada publication
October 2015
Ashley Madison – A new era in privacy class actions for Canada?
Privacy Bulletin
Canadian Corporate Counsel, Volume 24, Number 8
July 2015
Access Requests
Privacy Bulletin
July 2015
Cloud Computing
Privacy Bulletin
July 2015
Data Protection Agreements
Privacy Bulletin
July 2015
Breach Response Plans
Privacy Bulletin
July 2015
Cybersecurity
Privacy Bulletin
June 2015
Privacy Training
Privacy Bulletin
June 2015
PIPEDA Changes Finally Pass
Privacy Bulletin
June 2015
Privacy Programs
Privacy Bulletin
June 2015
Privacy Policies
Privacy Bulletin
July 2014
Three New Leaves for Ontario Workers to Take Effect October 29, 2014
Employment and Labour Bulletin    
Spring 2014
Privacy Chapter
Author, Ultimate Corporate Counsel Guide for CCH
Spring 2014
Managing Your Privacy Risk, An In-House Guide
Contributor, CCCA (Canadian Corporate Counsel Association) Magazine, author: Pablo Fuchs, Vol. 8, No. 1
February 2014
Are Contractual Termination Provisions Reliable?
Employment and Labour Bulletin
January 2014
Top Five Workplace Privacy Questions
Employment and Labour Bulletin
also presented at the International Association of Privacy Professionals (IAPP) Canada Privacy Symposium 2013
December 2013
Privacy in the Workplace, 3rd Edition
Wolters Kluwer CCH
April 2013
Social media background checks in Canada – Do the risks outweigh the rewards?1
Employment and Labour Bulletin
also presented at the Canadian Corporate Counsel Association (CCCA) Spring Conference 2013
March 2013
Overtime class actions – leave to appeal denied
Employment and Labour Bulletin
March 2013
Cybersecurity & Data Protection – the Evolving Canadian Landscape

April 2013: Juries punish employers: two recent cases highlight the risk of treating employees poorly - Employment and Labour Bulletin

September 2012
On the hook: employer liability for traffic accidents caused by cell phone usage
Employment and Labour Bulletin
The bulletin was originally published in the Canadian HR Reporter.
April 2012
Racism – is speculation enough?
Employment and Labour Bulletin
March 2012
Ontario Court of Appeal recognises new tort for invasion of privacy
Insurance & Reinsurance ILO Newsletter
January 2012
Seclusion intrusion: A common law tort for invasion of privacy
Litigation and Employment Bulletin
July 2011
Background Checks – Uncovering Ominous Pasts
The Lawyers Weekly
July 1, 2011
Background Checks - Uncovering Ominous Pasts
April 2011
Employee privacy rights finally recognized?

Employment and Labour Bulletin

December 2008
Application of Privacy Laws to Employee Information in a Sale of Business
OBA Privacy Law Review, Eye on Privacy, Volume 9, No. 1.
October 2008
The Importance of an Anti-Discrimination Policy
Employment and Labour Relations Bulletin
January 2008
Family Fun in February?
Employment & Labour Relations Bulletin
July 2007
Uh Oh Overtime!
Employment and Labour Relations Bulletin
May 2006
Dismissal Before Conviction: Can an Employee Charged with a Criminal Offence be Dismissed for Cause?
16 E.L.L.R., Vol. 16, No. 2
2005
Book Review – International Labour Standards: Globalization, Trade and Public Policy
Canadian Labour & Employment Law Journal, Vol. 12, No. 1
November 2004
Pension Surplus Distribution on a Partial Wind Up: The Supreme Court of Canada's Decision in Monsanto Canada Inc.
14 E.L.L.R., Vol. 14, No. 8.
October 2004
Case comments published in the 'Employment and Labour Law Reporter' on the following cases:
Ontario Nurses' Association v. St. Joseph's Health Centre, [2005] O.J. No. 2874
Bravo v. Etobicoke Ironworks Ltd., [2005] O.J. No. 2070
Boland v. APV Canada Inc., [2004] O.J. No. 361
May 2019
Designing an Employee Privacy Program
IAPP Canada Privacy Symposium 2019
February 7, 2019
General Data Protection Regulation (GDPR), Product Liability, and Recalls
Product Liability Conference, Austin, TX
February 7, 2019
Privacy Laws & Enforcement
Product Liability Conference, Austin, TX
November 8, 2018
The Regulatory and Legal Landscape for Businesses
Cybersecurity for Business Leaders, The Globe and Mail's Cybersecurity for Business Leaders Summit
October 29, 2018
Data Governance and Management: Collection, Storage & Transfer of Data in Canada
2018 CAN-TECH LAW 22nd Annual Conference
October 25, 2018
Investing in the Canadian AI Ecosystem
The CANADA AI Summit
October 2, 2018
The Evolving Landscape of Cybersecurity Law in Canada: new breach notification obligations and guidance from the regulators
Association of Corporate Counsel Conference
May 24, 2018
IAPP Canada Privacy Symposium 2018
Algorithms, Data and Bias: The Legal, Privacy and Ethical Implications of AI, Toronto, Ontario
November 27, 2017
Cybersecurity
AI World Forum, Toronto, Ontario
November 14, 2017
Hot topics for Cybersecurity – Ransomware, Insurance
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
Breach Response
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
Updates on the Case Law
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
October 26, 2017
FinTech Regulation and Privacy
Canadian Lenders Summit, Toronto
June 6, 2017
Privacy Law Update
2017 Ontario Connections Conference - Access, Privacy, Security, Records Management, Toronto, Ontario
May 1, 2017
Legal Implications of Cybersecurity
ACFI Annual Fraud Conference, Toronto, Ontario
April 2017
Privacy Policies of the Future
Privacy Law Summit, Toronto, Ontario
June 7, 2016
Privacy Law Update
2016 Ontario Connections, Access, Privacy, Security & Records Management Conference
May 16, 2016
Current Issues in Privacy Law and CASL
IT Law Spring Forum 2016
March 31, 2016
The latest legal and regulatory developments - implications for the industry
2016 CLHIA Cyber Security Conference
February 4, 2016
Internet of Things - the Next Generation
Toronto Intellectual Property Group, Toronto, Ontario
November 19, 2015
Cybersecurity Landscape in 2015 – Recent Trends and Developments
Toronto Computer Lawyers' Group, Toronto, Ontario
September 24, 2015
Drafting Employment Contracts
Association of Corporate Counsel Seminar, Toronto
January 16, 2014
Privacy in the Workplace
CCH Webinar with colleague Éloïse Gratton
December 9, 2013
Workplace Privacy - Social Media Checks
Lexpert Seminar on Information Privacy and Data Protection
May 24, 2013
Top Five Workplace Privacy Issues
IAPP Canada Privacy Symposium
April 2013
Social Media Background Checks in Canada - Do the Risks Outweigh the Rewards?
CCCA National Spring Conference
November 6, 2012
Preventing and Responding to Privacy Breaches in the Workplace
Lexpert course on Information Privacy and Data Protection: Technology, Security and Corporate Responsibility in Today's Marketplace
May 2012
Privacy 102: Identifying and Developing Role-Specific Privacy Education
Speaker at IAPP Canada Privacy Symposium 2012
December 2011
Employee Privacy
Speaker at Workplace Privacy: Information Privacy and Data Protection Course, Lexpert
October 2011
Summary Judgment and Mini Trials in Employment Law Cases
Speaker at 12th Annual Employment Law Summit (Law Society of Upper Canada)
October 1, 2011
Summary Judgement and Mini Trials in Employment Law Cases
12th Annual Employment Law Summit