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Privacy

Alberta's privacy sector privacy legislation (PIPA) to be amended

Topics: - Privacy
Jurisdiction: - Alberta

The Bill 54 amendments to Alberta's Personal Information Protection Act (PIPA) were passed last year and will come into force at a, as yet, undetermined date in the future.

This article by law firm McCarthy Tetrault states that, among other things, the amendments will clarifiy and expand an organizations' obligations under the Alberta PIPA relating to:

  • transferring personal information to service providers outside Canada;
  • collecting, using or disclosing employee information;
  • personal information that is lost, or that is accessed or disclosed, without authorization; and
  • personal information that is no longer reasonably required.

New acting Information and Privacy Commissioner appointed in British Columbia

Topics: - Appointments - Privacy
Jurisdiction: - British Columbia

Paul D.K. Fraser, Q.C. has been appointed as the acting Information and Privacy Commissioner in British Columbia. Fraser fills the post vacated by David Loukidelis, who resigned to become the Deputy Attorney General of BC. Fraser was already the BC Conflict of Interest Commssioner, a position he has held since January 1, 2008. Prior to that, he was a Fraser Milner Casgrain, LLP. You can read the BC Government's news release here.

"Monitoring employee e-mail: a privacy primer"

Jurisdiction: - Canada/Federal - Manitoba

Lawyer Brian Bowman and articling student Andrew Buck, at Pitblado LLP in Winnipeg, prepared "Monitoring employee e-mail: a privacy primer" for the December 2009 CBA National Privacy and Access Law Section Newsletter. The article focuses largely on the  federal Personal Information Protection and Electronic Documents Act.

US Supreme Court to decide if privacy rights covered worker's personal text message on employer's equipment

Jurisdiction: - United States
Sector: - Public Safety

You can read about the case in the NY Times article ("Supreme Court Takes Texting Case", Dec. 14, 2009) found here.

Alberta organization collecting more information than necessary by asking about pardoned convictions on application forms

Topics: - Privacy
Jurisdiction: - Alberta

In a recent order (Order P2009 - 004, November 9, 2009), the Alberta Privacy Commissioner's Office has ruled that the Real Estate Council of Alberta was collecting more personal information than necessary by asking about pardoned convictions on its brokerage licence application forms.

"Periodic Criminal Record Checks May Infringe Privacy Right"

"Periodic Criminal Record Checks May Infringe Privacy Right" is the title of the most recent labour and employment newsletter from Vancouver law firm Bull, Housser & Tupper. You can read it here.  

"Canadian Privacy Legislation and the Cross Border Transfer of Employee Data"

Candice Teitlebaum has written a paper on "Canadian Privacy Legislation and the Cross Border Transfer of Employee Data" (undated). Ms. Teitlebaum is a lawyer at Aird & Berlis LLP in Ontario.

"Employer access to employee e-mails in Canada"

Dan Michaluk has written a paper on "Employer access to employee e-mails in Canada" (May 23, 2009). Mr. Michaluk is a lawyer at Hicks Morley in Ontario.

As set out in the introduction, the paper:

  1. identifies the specific interests an employer has in accessing information stored on its computer systems,
  2. identifies the bases for claims by employees that information stored on business computer systems is "private,"
  3. describes the "no expectation of privacy" approach adopted by Canadian labour arbitrators and courts,
  4. identifies cases that might demonstrate this approach is changing, and
  5. discusses what the jurisprudence should mean to employers.

"Privacy Issues in Pre-Employment Screening"

Jurisdiction: - British Columbia

Jennifer Wiegele at Harris & Company prepared a paper on, "Privacy Issues in Pre-Employment Screening" for the Continuing Legal Education Society of BC's May 2009 Employment Law Conference - 2009.