Quebec introduces most consumer-friendly privacy law in Canada

Quebec introduced sweeping changes to its privacy regime, making it the most consumer-friendly privacy law in Canada by giving individuals much greater control over their privacy while compelling private and public sector organizations to implement onerous prescriptive obligations that will be challenging to fulfil within two years, according to privacy experts.

The major overhaul, heavily influenced by the 2018 European Union’s General Data Protection Regulation (GDPR), introduces new privacy rights such as data portability rights and the right to be forgotten, new accountability and governance requisites, and new rules for the outsourcing and transfer of information outside Quebec. It also institutes new mandatory breach notification requirements, mandatory privacy impact assessments, clarifies consent requirements for collection, use or release of personal information, and significantly raises potential fines for violations.

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Most U.S. & EU companies still not prepared for new privacy law

The majority of European and American firms are not yet ready to comply with the European Union’s General Data Protection Regulation (GDPR), reveals a recent report.

Many organizations fail to give the GDPR the attention it deserves, according to Seizing the GDPR Advantage: From Mandate to High-Value Opportunity,” a report by France-based legal tech consultant Capgemini that surveyed 1,000 executives and 6,000 consumers.

The report notes that nearly one in five organizations fail to make the GDPR a top priority, 31 per cent feel that the sole purpose of their program is to comply with the mandate by the deadline, and only 28 per cent see the GDPR as an opportunity to gain consumer trust and competitive advantage, in addition to being a compliance mandate. Moreover, it reveals that 51 per cent of organizations are either lagging or feel they will be only partially compliant by the deadline.

The report underscores that there is a “significant perception gap” between organizations and consumers around consumer data privacy and security performance. A staggering 80 per cent of executives believe that consumers trust their organization with the privacy and security of personal data. Consumers have a different take: only 52% of consumers agree with executives.

“This overconfidence can blind organizations to the improvements they need to make in data practices and prevent sufficient investment,” said the report. “Such organizations will eventually lose out as consumers increasingly demand a best in-class data protection experience.”

The global tech consultant leader strongly argues that GDPR is in fact a new opportunity waiting to be tapped but only for “organizations that get it right.” Besides enhancing employee loyalty, it maintains that consumers are “more willing to engage with organizations that protect data.”

When consumers are convinced that an organization is protecting their personal data in line with the GDPR mandate, nearly half would share their positive experiences with friends and family. Just as importantly, more than one in three consumers (39 per cent) will spend more with an organization when convinced that the organization protects their personal data.

More ominously, over 70 per cent of consumers said they are prepared to decrease spend and stop doing business with organizations in breach of GDPR compliance. In addition, 64 per cent of consumers said they are likely to request non-EU companies to delete their data if they find organizations non-compliant once the GDPR comes into effect.

Ashley Madison agrees to US$1.7 million settlement

A month after the parent company of the controversial adult dating website Ashley Madison settled a complaint with the U.S. Federal Trade Commission and state charges over the 2015 data breach that exposed the personal data of more than 36 million users and highlighted the site’s unfair and deceptive practices, the firm is now trying to thwart 20 class actions against it by invoking online arbitration agreements the plaintiffs signed when they subscribed to its matchmaking services.

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Federal privacy watchdog examines consent model

Federal privacy watchdog examines consent model

The consent model, the cornerstone behind the federal legislation that governs how private sector organizations may collect, use or disclose personal information in the course of commercial activities, is under the microscope after the Office of the Privacy Commissioner of Canada (OPC) published a consultation paper that examines its viability in today’s digital information ecosystem.

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Health & life insurance industry intend to ignore privacy commissioner’s recommendations over genetic testing

A call by Canada’s privacy watchdog to the life and health insurance industry to voluntarily refrain from requesting clients for access to existing genetic test results is going to be ignored, setting the stage for a divisive debate over access and the use of such personal information.

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Workplace privacy: “People don’t understand”

Workplace privacy, an issue few seriously thought about even a decade ago, has become a conundrum for employers. The ubiquitous presence of mobile technology, the explosive evolution of social media coupled with shifting and seemingly contradictory attitudes towards privacy as well as an evolving legal landscape have left in-house counsel in a quandary. Even outside of work, questions linger around the scope of employee privacy and the extent to which employers can keep tabs on employees.

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Open data: The value of openness

When Bing Thom Architects set out to investigate the effects of rising sea levels in Vancouver, the firm decided to gather crucial information about the shoreline from the city’s open data web portal. The study ultimately painted a sobering view of the potential impact of climate change: more than $25-billion in Vancouver real estate would be “negatively affected” by a rise in the sea level in the 21st century, excluding infrastructure such as roads, sewers, and electrical facilities. But the research also underscored the value of open government data: information that is collected by government for its own purpose and made available to the public for its own use.

Open data is essentially information that is free for anyone to use, reuse and redistribute. Proponents of making government data available to the public identify two main benefits: First, innovators of all kinds can use the information to build useful applications and services, and second, it promotes government transparency and accountability and encourages citizen participation in public policy debates. As Andy Yan, the urban planner involved in the Vancouver project observes, “when you have this type of transparency and governments release their databases to the public, you can have these kinds of discussions about public policy out in the open instead of being captured in little clubhouses.”

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Man ordered to pay $39,000 for illicitly filming sexual escapades

A Quebecer who filmed and took pictures of sexual escapades with a 20-year old woman and then distributed it on the Internet was ordered to pay $39,000 in damages.

In a brief four-page ruling, Quebec Superior Court Judge Sylviane Borenstein held that the man breached her fundamental rights by intentionally and illicitly invading her privacy, and that his conduct cannot be tolerated or trivialized by the courts. “The actions were ignoble and the Court expresses its indignation over these actions. One can understand that the woman, who is only 20 years old, feels betrayed and humiliated,” said Justice Borenstein in J.G. c. M.B., 2009 QCCS 2765

The Court issued a publication order that forbids media from identifying the parties in order not to aggravate the harm she has suffered.

Judge Borenstein barred the man from communicating, distributing, publishing, reproducing, or transmitting pictures, e-mails or videos of the filmed events as well as prohibited him from reaching her in any way. Further, the Court prohibited him from having in his possession photographs and videos of the plaintiff.

He was also ordered to pay for costs stemming from an Anton Piller order that was issued. An Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning.

A Quebecer who filmed his sexual escapades with a 20-year old woman and then distributed it on the Internet was condemned to pay $39,000 in damages.In a brief four-page ruling, Quebec Superior Court Judge Sylviane Borenstein held that the man breached her fundamental rights by intentionally and illicitly invading her privacy, and that his conduct cannot be tolerated or trivialized by the courts. “The actions were ignoble and the Court expresses its indignation over these actions. One can understand that the woman, who is only 20 years old, feels betrayed and humiliated.”

The Court issued a publication order that forbids media from identifying the parties in order not to aggravate the harm she has suffered.

Judge Borenstein barred the man from communicating, distributing, publishing, reproducing, or transmitting pictures, e-mails or videos of the filmed events as well as prohibited him from reaching her in any way. Further, the Court prohibited him from having in his possession photographs and videos of the plaintiff.

He was also ordered to pay for costs stemming from an Anton Piller order that was issued. An Anton Piller order is a court order that provides the right to search premises and seize evidence without prior warning.

Privacy rights overlooked in bankruptcies and insolvencies

Eight years after the federal government introduced legislation that applies to the collection, use and disclosure of personal information in the course of any private sector commercial activity, corporate lawyers pay little heed to privacy rights in bankruptcy and insolvency proceedings.

“Candidly, we on the insolvency side pay lip service to privacy,” acknowledged Kenneth Kraft, a partner with the financial services group at Heenan Blaikie, specializing in insolvency and finance. “It’s not something that we give much thought to.”

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