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Osler Privacy Jurisprudence Review – Third Edition – Fall 2024

Nov 5, 2024 2 MIN READ
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In the current digital age, where personal data circulates with unprecedented velocity and volume, the mandate of Chief Privacy Officers (CPOs), in-house counsel and compliance professionals, is both vital and challenging. This publication is designed to serve as an authoritative review of the latest developments in privacy law in Canada, providing critical insights into the judicial decisions and trends that are defining the contours of privacy rights and corporate responsibilities. By delving into significant case law, our objective is to arm CPOs with the foresight and knowledge necessary to maintain compliance and proactively manage the interplay between evolving legal standards, emerging technologies, and business imperatives, through expert commentary.

Osler’s specialized Privacy Litigation team and National Privacy and Data Management practices regularly collaborate on thought leadership initiatives on the AccessPrivacy by Osler platform to provide integrated insights on privacy and data litigation issues that draw from the expertise of both groups. These include the widely attended Data Litigation Roundtable events on the AccessPrivacy monthly call that complement the Privacy Jurisprudence Review, as well as workshops and roundtables discussing emerging trends in AI and governance.

The authors wish to thank Andrea Korajlija, Tamara Kljakic, Josy-Ann Therrien, Brodie Noga and Marie-Laure Saliah-Linteau for their valuable contribution to this publication.

Privacy class actions: data breaches

With an increase in privacy breaches arising from hacking, or loss of personal information, class actions are on the rise.

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Individuals’ privacy interests

The proper handling, collection and use of personal information is complex and varies across cases.

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Cyberattacks and data breach: reports

A proactive plan and swift action are essential for safeguarding sensitive information and minimizing potential harm.

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Privacy class actions: biometric data

Ongoing investigations into de-identified data raise concerns about informed consent and the vulnerabilities of biometric data.

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Expectation of privacy

The standards for a reasonable expectation of privacy are continually evolving, affecting how far those protections extend in various situations.

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Access to information

As organizations balance access to information and privacy concerns, document disclosure becomes a critical issue.

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Privacy and employment

When it comes to safeguarding the personal information of employees, organizations must navigate the complexities of disclosing personal data in compliance with legal requirements.

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Jurisdiction of privacy authorities

While certain privacy authorities can oversee specific disputes, challenges can emerge when jurisdictions seemingly overlap.

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Privacy in injunction proceedings

Balancing the enforcement of legal remedies with the protection of privacy rights can be complex in cases involving injunctions.

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AI and privacy

The growing use of artificial intelligences raises new questions regarding data use, consent and the security of personal information.

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