Personal Privacy in a Digital Age: Examining Current Intellectual Property & Privacy Obligations

Canadians have privacy rights associated with their personal information. This even applies when one’s personal information is held by someone else – like with hospital medical records. Patient ownership of personal data was illustrated in the 1992 Supreme Court of Canada (‘SCC’) decision, McInerney v. MacDonald, where the Court verified that despite the physician having […]

Tech, Tykes and Teens (or: How I Learned to Stop Worrying and Love GAFA)

As the 2020 Presidential Primary begins to gather steam south of the border, US Senator Elizabeth Warren’s plan to break up big tech (Google, Amazon, and Facebook – she followed up later with a plan for Apple), has once again brought tech regulation into the political realm. But the real crux of the problem, the […]

The (Un)Controllable Rise of Smart Clothing

In the second instalment of the Toronto Wearables Series, I discussed how wearable technology, such as smart watches or smart headbands, has become somewhat common. Indeed, it has enabled users to conveniently stay updated on correspondence, plans, and even fitness schedules. Smart clothing, however, has been less thoroughly explored and advertised to date. In fact, […]

The Tech Law Ultimatum: Consent or Exile?

Living in the twenty-first century comes with the need to manage expectations. While we live in a modern age with a variety of technological advancements, we may not be as innovative as we previously imagined. After decades of television shows like The Jetsons, some may even be inclined to ask, “Where’s my jetpack?”  Professor Daithí […]

Use of Facial Recognition Software at Calgary Malls Raises Privacy Concerns

This article was originally published by The Lawyer’s Daily (www.thelawyersdaily.ca), part of LexisNexis Canada Inc. It is a common occurrence to see people checking the directory in a mall to get the location of the most popular stores. But what is less well known is that some malls have begun using those directories to identify […]

The Right to Be Forgotten and the Canadian Landscape

In May 2014, the Court of Justice of the European Union (CJEU) upheld the so-called “right to be forgotten” in a privacy test case brought forward by a Spanish lawyer against Google. In its ruling, the court granted EU citizens the right to ask search engines, such as Google, Yahoo, and Microsoft Bing, to remove links […]

Privacy Commissioner Seeks Public Input on Consent Model

The re-posting of this article is part of a cross-posting agreement with CyberLex. On May 11, 2016, Privacy Commissioner Daniel Therrien announced the Office of the Privacy Commissioner of Canada (“OPC”) would seek public input on the issue of how Canadians can give meaningful consent to the collection, use and disclosure of their personal information […]

The Office of the Privacy Commissioner Calls for Changes to PIPEDA

On May 23rd, 2013, the Office of the Privacy Commissioner of Canada (“OPC”) released a report entitled “ The Case for Reforming the Personal Information Protection and Electronic Documents Act” (the “Report”). The Report proposes a number of changes to the Act by identifying four main “pressure points”.

Sunny with a Chance of Chill: Forecasting EU's New Cloud Computing Strategy

At the risk of raining on the EU's cloud parade, the European Commission's recently unveiled report, “Unleashing the Potential of Cloud Computing in Europe”, also threatens to unleash a legal storm of international regulatory ordeals, multi-jurisdictional issues, privacy and security battles, and commercial liability. Alas, that is the price of technological ambition: one is always waiting for […]

A Wait and See Approach to privacy in Genomics

Virgil Cojocaru is a JD Candidate at Osgoode Hall Law School. deCODE Genetics, an Icelandic firm that offers customers private DNA tests has filed for bankruptcy. Customers would typically take a genetic sample from the inside of their cheek and would mail it to the address provided.  deCODE Genetics would calculate the chances of a person […]