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Expertise

Privacy and Access to Information

Companies recognize that privacy and access to information issues touch on almost every area of their business. This is why our team spans the areas of business, employment and labour, litigation, and intellectual property.

Our cross-functionality enables us to give focused advice to specific business units while keeping management apprised of the "big picture" on emerging privacy trends and global standards. We offer practical solutions to privacy issues that arise in marketing, client development, human resources and customer credit initiatives.

Public and private sector businesses rely on our guidance for:

  • Development of multi-jurisdictional privacy policies for Canadian and multinational business
  • Coordination and execution of privacy audits
  • Drafting privacy policies and statements
  • Providing privacy strategies
  • Responses to requests for access to information in both the private and public sector and drafting third party responses to public sector access requests
  • Development of document retention and destruction policies
    Providing information required by government regulators in a way that ensures confidentiality
  • Litigation before administrative tribunals, provincial and federal courts regarding requests for access to information, the protection of personal information, allegations of privacy infringement and applications for authorizations or exemptions under federal or provincial privacy/access to information legislation
  • Representation on complaints lodged with provincial/federal privacy and information commissioners
  • Handling of security breaches

We regularly assist clients with representations to the Information Commissioner and the Privacy Commissioner of Canada, as well as their provincial equivalents.

Services

Our multi-disciplinary expertise allows us to provide solutions to privacy issues arising around:

  • Banking and financial products, including financings and purchase of loan portfolios
  • The sale and financing of public or private companies
  • Hiring, including the design of web hiring sites, evaluation practices, and employee requests for access to their personnel files
    Information technologies including Internet privacy compliance, and system design and security with respect to use and transfer of personal information
  • Marketing and advertising initiatives, including contests, cross-promotions, direct mail and Internet solicitations
  • Mergers, acquisitions and financings, including sales of privacy assets such as databases and organization of transactions to minimize privacy issues
  • Transfer of personal Information to subsidiaries, joint ventures and strategic alliances
  • Outsourcing of storage, data processing and other personal information functions
  • Product design and development to ensure privacy legislation compliance
  • Privacy obligations and warranties related to customers, suppliers and business partners
  • International issues, including compliance with U.S. "safe harbor" requirements and information transfer agreements under the European Union Data Directive

Client Work
RBC Completes Acquisition of Commercial Leasing Division of ABN AMRO Bank N.V. - Canada Branch

Counsel to Royal Bank of Canada in connection with its acquisition of ABN AMRO's Canadian commercial leasing division.  More

Events
Managing Privacy Compliance

Christine A. Carron and Martha A. Healey lead this course on Managing Privacy Compliance  More

Publications
Federal Court of Appeal Ups the Ante for Patentees Litigating under the PM(NOC) Regulations

In Sanofi-Aventis Canada Inc. v. Novopharm Limited 2007 FCA 163 the Federal Court of Appeal has decided that a patentee who unsuccessfully challenges an allegation made by a generic drug manufacturer under the PM(NOC) Regulations cannot re-litigate ...  More

"A More Sinister Complexion": The Critical Need for Thorough and Robust Privacy Compliance Procedures and Plans

Personal information stored on stolen devices can be used for purposes such as fraud and identity theft - problems that have reached epidemic proportions throughout North America.  More

Can an Enterprise Communicate Personal Information on its Clientele Outside Canada?

An analysis of the findings of the Office of the Privacy Commissioner of Canada in recent inquiries, and impacts of Bill 86 on Quebec enterprises  More

The Doctrine of Inequitable Conduct May Have Arrived in Canada

In a startling decision released on January 24, 2007, a judge of the Federal Court has deemed a patent to be abandoned based on the patentee's failure to disclose in good faith all appropriate facts in its patent application, and respond in good faith ...  More

The Weakest Link: A Privacy Case Study and Cautionary Tale

The single greatest privacy challenge facing institutions today does not lie in creating policies and procedures that are compliant with Canadian law.  More

Bill 86: More Protection for Personal Information?

After many years of consultation, Bill 86[1] was assented to on June 14, 2006, following its passage by the Québec National Assembly.  More

Patriot Act Raises Concerns about Reach to US-linked Companies

The USA Patriot Act,[1] which significantly expanded the power of US authorities to obtain personal information records located in the US, has recently raised concerns in Canadian legal circles about the extraterritorial reach of orders requiring the ...  More

Employment Contracts Need to Be Given Due Consideration

Any valid contract, including an employment contract, requires the parties to give each other something in exchange for entering into the agreement.  More

Is Your Business E-mail Address Personal or Public Information?

Does an individual's business e-mail address constitute "personal information" that is protected by privacy laws?  More

British Columbia's Employment Privacy Guidelines

This is the third of a three-part series describing new developments in workplace video surveillance and privacy rights.  More

The New Ontario PHIPA Impacts Organizations Outside the Health Care Field

This bulletin summarizes the impact of the Ontario Personal Health Information Protection Act, 2004 (PHIPA) on organizations that are not "health information custodians" under PHIPA, whether or not those organizations already comply with the federal ...  More

Video Surveillance in the Workplace - 2

In May 2002, the CAI published a document containing the minimum rules applying to the use of surveillance cameras.  More

Video Surveillance in the Workplace - 1

The Federal Court of Canada recently released one of the first decisions interpreting federal privacy legislation in an employment context in Eastmond v. Canadian Pacific Railway, 2004 FC 852.  More

PIPEDA and Provincial Private Sector Privacy Laws

One of the most common misunderstandings about the federal Personal Information Protection and Electronic Documents Act (PIPEDA) is its relationship to provincial private sector privacy laws such as the Quebec Act respecting the protection of personal...  More

First the Millenium Bug - Now the Privacy Bug

As of January 1, 2004, all businesses in Canada must comply with federal privacy legislation, known as the PIPEDA,1 unless they do business strictly within a province that has in place provincial legislation judged by the federal government to be...  More

New Privacy Legislation for the Private Sector in British Columbia

Bill 38, the Personal Information Protection Act ("Act") is to come into force in British Columbia on January 1, 2004.  More

New Findings Released on Air Canada's Aeroplan Frequent Flyer Program

On March 20, 2002, the Privacy Commissioner, George Radwanski, made public his findings in the matter of a complaint that had been launched in respect of Air Canada's Aeroplan Frequent Flyer program (the "Air Canada Report").  More

Non-Statutory Restrictions on the Use of Personal Information

The recent flurry of interest in privacy legislation triggered by the passing of the federal Personal Information Protection and Electronic Documents Act 1 ("PIPEDA") has, to some extent, overshadowed the fact that protection of the privacy of personal..  More

Latest Developments on Personal Information (Bill C-6)

The Personal Information Protection and Electronic Documents Act (known as Bill C-6) was adopted by the House of Commons on April 4, 2000 and it is expected that it will come into force on January 1, 2001.  More

Media Highlights
Biz Bemoans Accessibility Issues

Paul Conlin, a partner in the Litigation Group and an expert in Privacy and Access to Information, explains in the Ottawa Business Journal why there are long delays in responding to federal Access to Information requests.  More

Workplace Big Brother - Ogilvy Renault LLP Demonstrates that although your Lips might Be Sealed, there may Still Be Evidence Against You...

Ogilvy Renault LLP examines the issue of workplace privacy in the evolving world of employee communication methods (from blogs, to BlackBerry devices, to wireless internet) and provides advice for Canadian corporations on how to protect themselves ...  More