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.
December 2020
November 2020
Advocacy and Employment Law Bulletin
October 2020
September 2020
Privacy and Cybersecurity Bulletin
August 19, 2020
July 29, 2020
July 2020
July 15, 2020
Insurance and Privacy Law Bulletin
May 28, 2020
Privacy and Data Protection Bulletin
May 2020
Privacy Law Bulletin, Business Law Bulletin
May 5, 2020
March 2020
February 2020
Financial Services Bulletin
February 2020
Financial Services Regulatory, International Trade, Data Protection Bulletin
February 2020
January 2020
January 2020
January 2020
December 2019
December 2019
Marketing and Advertising Bulletin
December 2019
December 2019
Securities, Capital Markets, Privacy and Data Protection Bulletin
November 2019
Privacy and Cybersecurity Bulletin
September 2019
August 2019
August 2019
Intellectual Property Bulletin
June 2019
June 2019
Intellectual Property Bulletin
May 2019
April 2019
February 2019
Financial Services and Privacy and Data Protection Bulletin
January 2019
December 2018
Litigation and Intellectual Property Law Bulletin
November 2018
Securities Litigation Bulletin
August 2018
July 2018
May 2018
April 2018
Privacy and Data Security Bulletin
March 2018
Business Law and Litigation Bulletin
March 2018
January 2018
On January 25, 2018 McMillan's Kyle Lambert delivered Social media's growing role in litigation presentation to the Ottawa chapter of the International Association of Privacy Professionals.
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 14, 2017
McMillan's Second Annual Privacy, Cybersecurity and Data Protection Seminar, Toronto, Ontario
November 2017
October 2017
September 2017
September 2017
Protecting your Personal, Proprietary and Confidential Information - Association of Corporate Counsel
August 2017
August 2017
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
April 2017
April 2017
January 2017
Privacy and Class Action Bulletin
December 2016
Privacy Practice Note for LexisNexis Practice Advisor Canada
November 2016
October 2016
Canadian Securities Law News (November 2016, Number 274)
Securities Bulletin and Cybersecurity Bulletin
September 2016
August 2016
June 2016
Privacy Bulletin
May 2016
April 2016
Cybersecurity Bulletin
Deal Points
March 2016
Privacy and Cybersecurity Bulletin
February 2016
February 2016
February 2016
December 2015
Canadian Privacy Law Review, Vol. 13, No. 1
November 2015
Privacy Bulletin
November 2015
Privacy Bulletin
October 2015
October 2015
Privacy Bulletin
Canadian Corporate Counsel, Volume 24, Number 8
September 2015
Canadian Privacy Law Review, Vol. 12, No. 10
September 2015
August 2015
Health Law Bulletin
August 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
Privacy Bulletin
July 2015
July 2015
July 2015
July 2015
Privacy Bulletin
July 2015
June 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
Privacy Bulletin
June 2015
June 2015
CACE 12th Annual Conference, 2015 Presentation Paper
June 2015
Privacy Bulletin
May 2015
March 2015
December 2014
November 2014
Canadian Privacy Law Review, Volume 11, Number 12
Emmanuelle Saucier and Eloise Gratton
November 2014
October 2014
September 2014
August 2014
June 2014
(Available in French only)
Les Cahiers de propriété intellectuelle
June 2014
Privacy Bulletin
May 2014
McMillan at a glance
April 2014
January 2014
Privacy Bulletin
January 2014
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
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