The once proposed PRINCE Act [the Act] has now been set aside after being rushed through the Minnesota state senate. The Act sought to create a new property right in a person’s persona. Canada and the United States both recognize and protect personality rights through similar common law torts. The US appears to also seek […]
The reposting of this article is part of a cross-post agreement with Cyberlex. You’re a celebrity and had a threesome. Your partner wasn’t one of them. You want the affair to remain private. You go to a court in England where your family resides and get an interim injunction. It prevents the English press from publishing […]
The re-posting of this article is part of a cross-posting agreement with CyberLex. The Spokeo decision’s requirement that there be a concrete injury in order to ground privacy damages is not just a U.S. issue. Canadian courts have been wrestling for some time with the question of what damages look like in the context of […]
The re-posting of this analysis is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. Introduction By means of an innovative and modern directive (Directive 95/46/EC – the “Data Protection Directive”), in 1995, the European Community adopted its first data protection legislation aimed at providing common legal […]
The re-posting of this article is part of a cross-posting agreement with CyberLex. What rumours is your fitness tracker spreading about you? In its latest Internet of Things themed sweep, the Office of the Privacy Commissioner of Canada reviews what personal information is being collected about Canadians by “smart” health and fitness devices.
Jonathan Zittrain[1] calls the right to be forgotten a “ bad solution to a very real problem.” This article sets out to answer two questions. Firstly, what is the problem that the right to be forgotten is trying to solve? Secondly, why is the right to be forgotten a bad solution to this problem?
The re-posting of this comment is part of a cross-posting collaboration with MediaLaws: Law and Policy of the Media in a Comparative Perspective. In December 2012, the Commission put forward its proposal for a General Data Protection Regulation (“GDPR”). According to the Commission’s own words, “The Regulation is an essential step to strengthen citizens’ fundamental […]
The re-posting of this article is part of a cross-posting agreement with CyberLex. On December 10, 2015, the Annual Report of the Office of the Privacy Commissioner (“OPC”) on the Privacy Act for 2014-2015 was tabled in Parliament. The Annual Report provides details on privacy trends and investigations involving Canadian federal departments for the past […]
The re-posting of this article is part of a cross-posting agreement with CyberLex. The Supreme Court of Canada is revisiting the issue of whether a privacy commissioner can force disclosure of documents where solicitor-client privilege is asserted.
The re-posting of this article is part of a cross-posting agreement with CyberLex. The Internet of Things (IoT) has been identified as a disruptive technology, bringing with it both the promise of seamless interconnectivity of devices and, the flip side of that interconnectivity, single-point vulnerability of multiple systems. While businesses rush to embrace the technology, […]