#LawfulAccess is back: An overview of Part 14 of Bill C-2: Strong Borders Act PrivacyLawyer - David Fraser 2025-06-08 | The newly elected Canadian government has introduced a bill in Parliament that addresses a whole bunch of concerns raised by the Trump government about the Canada-US border. But buried in the Bill are a whole bunch of measures that Canadian police have been clamoring for as the Supreme Court of Canada have swatted down efforts to get warrantless access to information about internet users. Here are my thoughts on Part 14 of the Bill, and my comments on the REALLY problematic Part 15 will follow.Past commentary on #lawfulaccess: youtu.be/tK-s6G0upcoHere's a link to the status of Bill C-2, and a link to the most recent text: parl.ca/legisinfo/en/bill/45-1/c-2 Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Bluesky: https://bsky.app/profile/privacylawyer.ca► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.#LawfulAccess #surveillance #CALEA #Wiretapping
Canadas Privacy Regulators vs. TikTok: A critical overview PrivacyLawyer - David Fraser 2025-10-19 | In this episode, Canadian privacy lawyer David Fraser breaks down the joint investigation by Canada’s federal and provincial privacy commissioners into TikTok — an interesting, complex and consequential privacy finding. The report tackles three major issues: whether TikTok’s data practices (especially with respect to young users who circumvent age-gating) serve a legitimate purpose, whether its consent process is valid and meaningful, and whether it meets transparency obligations under Quebec law. This episode explains the key findings, including TikTok’s commitments to introduce new age-verification systems, restrict ad targeting for youth, and overhaul its privacy communications for Canadian users.But this case also raises a bigger question: Have Canada’s privacy regulators set an impossible standard? In seeking to protect children’s privacy, the Commissioners may have required TikTok to collect more sensitive information — including facial scans or identity documents — from all users. David argues that these well-intentioned recommendations risk making privacy compliance more invasive, not less. Watch (or listen) for a deep dive into how this decision reshapes the balance between privacy, practicality, and policy.The federal/provincial privacy finding is here: priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2025/pipeda-2025-003Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The words “use” and “loss” in privacy laws may not mean what you think in a cyber-security incident PrivacyLawyer - David Fraser 2025-09-21 | In this episode, David Fraser, PrivacyLawyer, unpacks the recent Ontario Divisional Court decision in Hospital for Sick Children v. Information and Privacy Commissioner of Ontario. The case arose from ransomware attacks that temporarily encrypted servers at SickKids and the Halton Children’s Aid Society. No evidence suggested that hackers viewed, copied, or exfiltrated personal information—yet the Information and Privacy Commissioner found there had been an unauthorized “use” and “loss” of data, triggering notification obligations. The Court upheld those findings, deferring to the regulator’s broad interpretation.David explains why this matters for organizations across Ontario (and beyond), focusing on how common words like “use” and “loss” may not mean what you think when regulators are involved. He also contrasts Ontario’s strict approach with the federal private-sector law, PIPEDA, which only requires notification where there is a “real risk of significant harm.” The key takeaway: Ontario’s laws can demand notification even when no harm to individuals exists, a standard that may lead to over-notification and notice fatigue.The Divisional Court decision can be found here: canlii.ca/t/kffpmWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Recording conversations using AI gadgets and otherwise and the law in Canada PrivacyLawyer - David Fraser 2025-09-14 | The law — and the practical realities — of recording conversations in Canada. From AI wearables like the Bee that promise “always-on” memory assistance, to built-in recording and transcription on Zoom and Teams, to employees secretly recording meetings, the legal framework hasn’t really changed: one-party consent under the Criminal Code means you can record if you’re part of the conversation and your purposes are 100% personal. But that doesn’t always make it wise, and in workplaces or commercial settings, privacy laws and policies come into play.David explores where the law draws the line, why secret recordings are often seen as hostile, and how policies can help manage new tools like AI transcription and wearables. Whether it’s a patient recording therapy sessions, an employee hitting record in a meeting, or an organization using AI-enabled tools for accessibility, this video unpacks the legal rules, the privacy risks, and the best practices for managing them responsibly.Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► BlueSky https://bsky.app/profile/privacylawyer.ca► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Privacy finding: Hidden biometrics in on-campus vending machines PrivacyLawyer - David Fraser 2025-09-07 | In August 2025, Ontario’s Information and Privacy Commissioner issued a revised finding against the University of Waterloo for a privacy breach involving “smart” vending machines that secretly used biometric face detection technology. Students discovered the issue when an error message revealed the machines were running FacialRecognition.App.exe.In this video, privacy lawyer David Fraser explains the Commissioner’s decision, why the University of Waterloo was found responsible under Ontario’s privacy law, and the lessons learned. The IPC finding can be found here: decisions.ipc.on.ca/ipc-cipvp/privacy/en/item/521985/index.do Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Regulation of privacy in Canadian workplaces PrivacyLawyer - David Fraser 2025-09-01 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Thinking about warrant canaries as Canadas government plans secret internet backdoors PrivacyLawyer - David Fraser 2025-08-17 | This video delves into the idea of warrant canaries—a transparency tool used by tech companies to signal when they’ve received secret government surveillance orders. With Canada’s new Strong Borders Act (Bill C-2) giving the Minister of Public Safety power to secretly compel electronic service providers to alter their systems for surveillance, companies operating in Canada may want to consider these. I explain what a warrant canary is, how it works, and trace its history from the early USA Patriot Act era and National Security Letters in the U.S. through real-world examples. My previous episode on Part 15 of the Strong Borders Act: youtu.be/E1LV2fcD9BsWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The really bad age verification bill is back in Canadas Parliament PrivacyLawyer - David Fraser 2025-07-27 | As other countries like the UK and Australia are joining conservative US states in implementing "age verification" under the rallying cry of "protecting the children", a Canadian Senator is determined to see it come to fruition for Canada, We had a very close call last year with this being passed, so you should know what's brewing in Parliament. Here's my video on the previous version of this bill, Bill S-210: youtu.be/UN8eP6LlWVY Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The Bill C-2 #LawfulAccess Charter Statement contains incorrect and misleading statements PrivacyLawyer - David Fraser 2025-06-26 | The Charter Statement can be found here: justice.gc.ca/eng/csj-sjc/pl/charter-charte/c2_2.htmlWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
A worse surveillance law snuck into the border bill: Supporting Authorized Access to Information Act PrivacyLawyer - David Fraser 2025-06-14 | Bill C-2, the so-called Strong Borders bill is a Trojan horse that contains a new law that allows the government to order backdoors in the communications infrastructure you use every day. The government can issue secret orders and service providers are prohibited by law from disclosing vulnerabilities that bad guys could be using to illicitly access data. This is the part of the "border bill" you haven't heard enough about. My last episode on Part 14 access to customer data: youtu.be/wOgo4TuoJecRead Bill C-2 yourself. Scroll down to Parts 14 and 15: parl.ca/DocumentViewer/en/45-1/bill/C-2/first-readingWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Alberta privacy law violates freedom of expression; big implications for ALL Canadian privacy laws PrivacyLawyer - David Fraser 2025-05-17 | In Clearview AI Inc v Alberta (Information and Privacy Commissioner), 2025 ABKB 287, the Alberta Court of King's Bench determined that Alberta's privacy law violates the guarantee of freedom of expression in the Charter of Rights and Freedoms. This has implications for ALL Canadian private sector privacy laws. The Alberta Court of Kings Bench Decision is here: canlii.ca/t/kc1r5The Joint Privacy Commissioners' Finding is here: canlii.ca/t/jd55x #Privacy #privacylaw #ClearviewAI #canada #cdnpoli Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraser.Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Mandatory ID collection into a police database violates the Charter: R v Khairullah PrivacyLawyer - David Fraser 2025-03-30 | The recent case of R v Khairullah, 2025 ABCJ 14, found that the "know your customer" requirements for scrap metal dealers in Alberta violates Section 8 of the Canadian Charter of Rights and Freedoms. The Court determined that requiring scrap metal dealers to collect and record personal information of sellers, and then provide it to a police-accessible database, makes the dealers agents of the state conducting unreasonable searches. You can read the case here: canlii.ca/t/k91m4Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraser Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
How laws apply to freedom of expression auditors and cop-watchers in Canada. PrivacyLawyer - David Fraser 2025-03-02 | My previous related videos:► Recording the police in public in Canada youtu.be/O6k64hDQn3U► Do photography/videography bans in police stations and "public" buildings violate the Charter? youtu.be/nxv7RyCmcuk► Taking photos and recording videos in public places for personal purposes youtu.be/KQJuWrunUVsWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
What are the surprise amendments to Nova Scotias access to information law? #FOIPOP #FOI #ATIP PrivacyLawyer - David Fraser 2025-02-22 | What are in the unexpected amendments to the Nova Scotia Freedom of Information and Protection of Privacy Act from the Houston Government's Bill 1? The Tim Houston government's Bill 1 - An Act Respecting Government Organization and Administration nslegislature.ca/legc/bills/65th_1st/1st_read/b001.htm#s16Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Bill C-27s Consumer Privacy Protection Act is dead. Long Live PIPEDA! PrivacyLawyer - David Fraser 2025-02-02 | With the demise of Bill C-27 and the Consumer Privacy Protection Act following the prorogation of Canada's Parliament, we're stuck with the (allegedly) antiquated Personal Information Protection and Electronic Documents Act (PIPEDA). That's really not bad news. My previous overview of Bill C-27 and the CPPA: youtu.be/yjIaI1KMMdY Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
What privacy law applies to contractors? Privacy regulators need to clean up the mess they created. PrivacyLawyer - David Fraser 2025-01-20 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com► Twitter: twitter.com/privacylawyer► BlueSky: https://bsky.app/profile/privacylawyer.ca► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
A Christmas [Privacy] Carol - 2024 Holiday Special PrivacyLawyer - David Fraser 2024-12-22 | Many classic stories have privacy themes. For the Holidays 2024, I take a look at the Charles Dickens' classic "A Christmas Carol". You may not know, but it's a story of creepy intrusion into the private lives of the Chratchitt family, a tale of your [digital] legacy and how to curate it.Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Cybersecurity for Lawyers in 2024: You need to know this to protect your practice and your clients PrivacyLawyer - David Fraser 2024-12-06 | I was invited to give a presentation to the Canadian Bar Association of Nova Scotia's annual conference on trending cybersecurity issues, and what lawyers should know in order to reduce their own risks and to assist their clients. Where you can find me:► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Drones and trespass law in Canada: You dont own your airspace over your property PrivacyLawyer - David Fraser 2024-12-01 | I previously did a video on privacy law for drone operators, which may be of interest: youtube.com/watch?v=cXVKmhmc0pYMy other YT channel, with my drone videos: @DavidFraserYHZ Check out @DJAUDITS for his public educational work on the rights of photographers and drone operators in thee UK.Cases mentioned:► Reynolds v Deep Water Recovery Ltd., 2024 BCSC 570 canlii.ca/t/k3xvl► Didow v. Alberta Power Limited, 1988 ABCA 257 canlii.ca/t/2dm47► Lord Bernstein of Leigh v. Skyviews & Gen. Ltd., [1977] 2 All E.R. 902 vlex.co.uk/vid/bernstein-of-leigh-baron-806121213Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraser► BlueSky: https://bsky.app/profile/privacylawyer.caDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Once again, federal politicians avoid real privacy accountability for themselves PrivacyLawyer - David Fraser 2024-11-24 | Bill C-65, the Electoral Participation Act, includes some important privacy provisions. Some are positive, such as requiring federal political parties to have and follow a privacy policy, it doesn't go far enough. The bill fails to require political parties to obtain consent for data collection, limit collection to necessary information, or provide individuals with rights to access or correct their information. We need for greater transparency and individual control over how political parties collect, use, and disclose personal information. Here's the Bill (look for section 444): parl.ca/LegisInfo/en/bill/44-1/C-65Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: mcinnescooper.com/people/david-fraser► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraser► BlueSky: https://bsky.app/profile/privacylawyer.caDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
New “real world” guidance on data breach notification and reporting - real risk of significant harm PrivacyLawyer - David Fraser 2024-11-11 | In Canada, data breaches must be reported to the Privacy Commissioner and individuals must be notified if the event creates a "real risk of significant harm". But what does that mean?You can read the original report of findings here: priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2024/pipeda-2024-002Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► BlueSky:: https://bsky.app/profile/privacylawyer.bsky.social► Twitter: twitter.com/privacylawyer► LinkedIn: linkedin.com/in/davidtsfraserDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Digital bills at risk if this government falls (or if Parliament is prorogued) PrivacyLawyer - David Fraser 2024-09-30 | Parliament resumed at the end of September 2024 with a very different political landscape. The governing Liberals can no longer rely on the support of the NDP to prop up their minority government. If the government falls, all the bills currently under consideration will "fall off the order paper", effectively terminated. Here are four digital bills currently at risk of such a fate. Past commentary on these Bills:Bill C-27 - The Digital Charter Implementation Act 2022 youtu.be/yjIaI1KMMdY and youtu.be/IYYZFPsc1gABill C-63 - The Online Harms Act youtu.be/K2D4WivpPMYBill S-210 - Protecting Young Persons from Exposure to Pornography Act youtu.be/usDehvaFbxo and youtu.be/UN8eP6LlWVY Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► Twitter: twitter.com/privacylawyerDisclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Appeal court reverses Facebook’s Canadian privacy win PrivacyLawyer - David Fraser 2024-09-15 | The Federal Court of Appeal has completely reversed a Federal Court decision, finding that Facebook violated Canada's federal privacy law in connection with the Cambridge Analytica scandal of ten years ago. The Federal Court of Appeal decision is here: decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/521452/index.do My previous video on the trial decision: youtu.be/tepA9ZTvrs8 Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Whats happening in privacy law in Canada? EVERYTHING! PrivacyLawyer - David Fraser 2024-08-11 | I was invited to give a presentation to an international group of privacy lawyers on what's going on in Canada. Here is my high level overview. Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Do photography/videography bans in police stations and public buildings violate the Charter? PrivacyLawyer - David Fraser 2024-07-08 | Some police agencies have banned photography and videography in the publicly-accessible parts of their police stations, threatening to remove violators for trespassing. Is this Charter-compliant? TL;DR: Probably not.That said, I think a policy that that focused on the disruption of ordinary operations (whether by 'aggressive' photography or otherwise) would be Charter compliant: "Anyone who interferes with the efficient operation of the facility may be asked to leave and may be served a notice under the Trespass to Property Act."Here are my previous, related videos:► Photography in public places - youtu.be/KQJuWrunUVs ► Photographing the police in public - youtu.be/O6k64hDQn3UWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.#canada #charter #charterofrights #photography #videography #auditing #auditors #law
The Charter protects school board employees rights against unreasonable searches: Supreme Court PrivacyLawyer - David Fraser 2024-06-23 | This past week, the Supreme Court of Canada determined, in no uncertain terms, that the Charter of Rights and Freedoms applies to employees of a public school board in Ontario, which means that Section 8 of the Charter protects their privacy in workplace investigations. Here's the case as it wound its way up to the Supreme Court of Canada: ► Supreme Court of Canada - York Region District School Board v. Elementary Teachers’ Federation of Ontario, 2024 SCC 22 canlii.ca/t/k5cq6► Ontario Court of Appeal - Elementary Teachers Federation of Ontario v. York Region District School Board, 2022 ONCA 476 canlii.ca/t/jpw5l► Ontario Divisional Court - Elementary Teachers Federation of Ontario v. York Region District School Board, 2020 ONSC 3685 canlii.ca/t/j89tcWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
A major problem with Bill S-210 is in a fundamental definition from the Criminal Code PrivacyLawyer - David Fraser 2024-06-02 | There are many, many things wrong with Bill S-210, An Act to restrict young persons’ online access to sexually explicit material. This discussion highlights the problems created by adopting a purpose-built definition of "sexually explicit material" from the Criminal Code, which was written for VERY different circumstances.Follow the progress of Bill S-210 "An Act to restrict young persons’ online access to sexually explicit material" here: parl.ca/legisinfo/en/bill/44-1/s-210Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Proposed new production order powers for CSIS in Bill C-70 related to foreign interference PrivacyLawyer - David Fraser 2024-05-12 | My previous video on CSIS Act warrants: youtu.be/kkyM3Rkxgxc Bill C-70, including its progress through Parliament, can be found here: parl.ca/LegisInfo/en/bill/44-1/C-70Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.#BillC70 #CSIS #NationalSecurity #Warrants #productionorder
Important court decision on legal privilege in cyber incident response PrivacyLawyer - David Fraser 2024-05-05 | The Ontario Divisional court just delivered a decision that is a must-read for lawyers practicing in the area of cybersecurity incident response. The Information and Privacy Commissioner of Ontario demanded that LifeLabs turn over forensic and other reports related to a ransomware incident, over which LifeLabs claimed privilege. On judicial review, the Divisional Court agreed with the Commissioner and upheld the order that they were not privileged. The Ontario Divisional Court decision is here: LifeLabs LP v. Information and Privacy Commr. (Ontario), 2024 ONSC 2194 canlii.ca/t/k4bqwWhere you can find me:► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Hate crimes and freedom of expression under Canadian law PrivacyLawyer - David Fraser 2024-03-31 | Bill C-63, also known as the Online Harms Act, has kicked off a lot of discussion and debate about hate speech. To help provide some background on hate offences and freedom of expression under the Charter, this discussion is about existing hate crimes in the Canadian Criminal Code and how the courts have dealt with freedom of expression under the Charter. #billc63 #OnlineHarmsAct #CharterOfRights0:00 Introduction1:31 Advocating Genocide3:08 Public incitement of hatred5:17 Wilful promotion of hatred6:45 The meaning of the word "hatred" under the Charter9:25 Wilful promotion of antisemitism 10:05 Summary and wrap-upWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Supreme Court tells the cops to come back with a warrant for IP addresses: Comment on R v Bykovets PrivacyLawyer - David Fraser 2024-03-10 | My previous video on "Lawful Access": youtube.com/watch?v=tK-s6G0upcoAnd one on law enforcement requests for customer data: youtu.be/Irp1UalqXn8Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Canadas Online Harms bill - an overview critique of Bill C-63 #BillC63 #OnlineHarmsAct PrivacyLawyer - David Fraser 2024-03-02 | It is finally here: the long-anticipated Online Harms bill. It was tabled in Parliament on February 26, 2024 as Bill C-63. It is not as bad as I expected, but it has some serious issues that need to be addressed if it is going to be Charter-compliant. It also has some room for serious improvement and it represents a real missed opportunity in how it handles “deepfakes”, synthetic explicit images and videos.The bill is 104 pages long and it was just released, so this will be a high level overview and perhaps incomplete. But I will also focus on some issues that leapt out to me on my first few times reading it.In a nutshell, it does a better job than the discussion paper first floated years ago by not lumping all kinds of “online harms” into one bucket and treating them all the same. This bill more acutely addresses child abuse materials and non-consensual distribution of intimate images. I think the thresholds for some of this are too low, resulting in removal by default. The new Digital Safety Commission has stunning and likely unconstitutional powers. As is often the case, there’s too much left to the regulations. But let’s get into the substance.Read the bill and track its progress here: parl.ca/LegisInfo/en/bill/44-1/C-63Chapters0:00 Intro1:25 Who does it apply to?2:39 The new "Online Safety" bureaucracy3:21 Duties imposed on social media operators5:54 "Harmful content" defined7:00 The problem with how the bill handles "deepfakes"16:03 Information disclosure requirements18:06 Submissions and complaints to the Digital Safety Commission18:33 Enforcement of the Online Harms Act22:03 The Commission's (and their minions') vast powers26:23 Enforcement via Compliance Orders 28:00 Who pays?28:39 Out of place amendments to the Criminal Code and Canada Human Rights Act30:06 Wrap upWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
ID Scanning and Swiping: Can they do that? PrivacyLawyer - David Fraser 2024-02-19 | The question of scanning photo identification when entering liquor and cannabis stores has been back in the headlines, after the Liquor Control Board of Ontario (also known as the LCBO) announced a pilot project at six retail locations in Thunder Bay, Sioux Lookout and Kenora that would have required customers to hand over identification to be input into a data system. After some real scrutiny in the media, the LCBO scrapped the plan at the direction of the Ontario government. At least from the reporting – I don’t know much first hand – it looks like they did a poor job of communicating about an issue with some serious but not insurmountable privacy issues.So what does privacy law actually say about all of this?Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Your papers, please! Canadian Bill S-210 proposes age verification law for internet users. PrivacyLawyer - David Fraser 2024-02-04 | There’s a bill working its way through the Parliament that presents a clear and present danger to the free and open internet, to freedom of expression and to privacy online. It’s a private member’s bill that shockingly has gotten traction. In a nutshell, it will require any website on the entire global internet that makes sexually explicit material available to verify the age of anyone who wants access, to ensure that they are not under the age of eighteen. Keeping sexually explicit material away from kids sounds like a laudable goal and one that most people can get behind. The devil, as they say, is in the details. It presents a real risk to privacy, a real risk to freedom of expression and a real danger to the open internet in Canada. The author of the Bill says it does none of that, but I believe she is mistaken.You can track Bill S-210 and read the text here: parl.ca/LegisInfo/en/bill/44-1/S-210Professor Geist's commentary is here: michaelgeist.ca/tag/s-210The Bill's sponsor has a defence (FAQ) of the bill here: bills210-lois210.caWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The European Union has declared Canadas (allegedly old and outdated) privacy law adequate PrivacyLawyer - David Fraser 2024-01-27 | On January 15, 2024, the European Commission issued a report to the European Parliament and Council that Canada’s privacy law is “adequate” from a European point of view. Canada was among a number of countries reviewed in the report. At least for Canada, this review has been long awaited and long anticipated. Some people have been saying that Canada is lagging behind when it comes to privacy protection, and needs substantial reform to keep up with the European “gold standard”. Well, that’s been proven to be untrue. The EU's press release, including links to the Adequacy Report and Accompanying Staff Report, can be found here: https://ec.europa.eu/commission/presscorner/detail/en/ip_24_161My video on the Facebook Federal Court Case can be found here: youtu.be/tepA9ZTvrs8Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
How the Grinch Stole Privacy - A Privacylawyer Holiday Special PrivacyLawyer - David Fraser 2023-12-17 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Being on the receiving end of warrants from the Canadian Security Intelligence Service (CSIS) PrivacyLawyer - David Fraser 2023-12-03 | I regularly advise clients on how to respond to law enforcement and other demands for access to customer or user information. Many of these are routine, using production orders under the Criminal Code of Canada or orders under provincial Missing Persons laws. You look at the order and you can see what is the alleged crime, what is the legal basis and exactly what data is being sought. And you’re satisfied that an independent third party – a judge or a justice of the peace – has scrutinized the order and has found that the balance necessary in section 8 of the Charter has been met. If the request is too broad or seems to have a disproportionate impact on privacy, you can push back. But there’s a kind of warrant that is less commonly seen and which can be very confusing for organizations that are not used to seeing them. So someone from CSIS just called ….Information about the Government of Canada consultation can be found here: publicsafety.gc.ca/cnt/ntnl-scrt/frgn-ntrfrnc/mct-en.aspxWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
What is the legitimate interests exception to consent under Canadas proposed privacy law? PrivacyLawyer - David Fraser 2023-11-18 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Quebec town has a bonkers (and likely unconstitutional) bylaw that outlaws insulting politicians PrivacyLawyer - David Fraser 2023-10-29 | Relevant links► Chelsea bylaw: chelsea.ca/application/files/6316/8726/6647/CHELSEA_REG_paix__bon_ordre_22-RM-04_adopte_2022-06-07.pdf► Media coverage of this case:► ► ottawa.ctvnews.ca/chelsea-que-resident-facing-3-000-in-fines-for-criticizing-politicians-municipal-officials-1.6620739► ► lowdownonline.com/post/chelsea-sues-resident-over-fart-catcher-and-other-insults► Crouch v. Snell, 2015 NSSC 340 canlii.ca/t/gmhjlWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
My testimony at the House of Commons INDU Committee on Bill C-27 PrivacyLawyer - David Fraser 2023-10-27 | My testimony at the House of Commons INDU Committee on Bill C-27, and some discussion with the former Commissioner on order-making powers and the proposed new tribunal. The full hearing is here: parlvu.parl.gc.ca/Harmony/en/PowerBrowser/PowerBrowserV2/20231024/-1/40129Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Social media blocking by politicians violates the Charter PrivacyLawyer - David Fraser 2023-09-16 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Do the proposed regulations save the Online News Act and journalism in Canada? PrivacyLawyer - David Fraser 2023-09-06 | My previous discussion of the Online News Act: youtu.be/rnR4uaIWNwsThe draft regulations and consultation document: gazette.gc.ca/rp-pr/p1/2023/2023-09-02/html/reg1-eng.htmlWhere you can find me:► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Naming and shaming suspected shoplifters. What do privacy laws have to say about that? PrivacyLawyer - David Fraser 2023-08-19 | Here's the video on the recent BC Commissioner decision related to the use of facial recognition by retailers: youtu.be/YMEFVjREVgU Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Missing Persons and Social Media Campaigns: First do no harm PrivacyLawyer - David Fraser 2023-07-09 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The Shifting Digital Legal Landscape in Canada - Presentation to the Toronto Computer Lawyers Group PrivacyLawyer - David Fraser 2023-06-27 | A high level overview of all the digital bills before the Canadian Parliament in 2023:►Online News Act►Online Streaming Act ►Digital Charter Implementation Act 2022►►Consumer Privacy Protection Act►►Personal Information and Data Protection Tribunal Act ►►Artificial Intelligence and Data Act►Critical Cyber Systems Protection Act►Online harms aka “Online Safety”A copy of my powerpoint can be found here: drive.google.com/file/d/10pDun90Y0ehxZ9KHGZOu4Tnn3VHvnHcH/view?usp=sharingWhere you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
An overview of warrantless access to customer info (aka #LawfulAccess), and why pay attention PrivacyLawyer - David Fraser 2023-06-13 | The new Government of Canada consultation is here: canada.ca/en/department-finance/programs/consultations/2023/strengthening-canada-anti-money-laundering-and-anti-terrorist-financing-regime/consultation-on-strengthening-canadas-anti-money-laundering-anti-terrorist-financing-regime.html#4.4Comments are due by August 1, 2023!Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Audio and video recording by employees in the workplace PrivacyLawyer - David Fraser 2023-06-10 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Privacy policies and valid consent under Canadian privacy law PrivacyLawyer - David Fraser 2023-05-21 | A recent finding from the Privacy Commissioner of Canada makes it clear that you can't rely on a privacy policy to get adequate consent for the collection, use and disclosure of personal information. Here's the Privacy Commissioner Finding: priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2023/pipeda-2023-001Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
British Columbia Privacy Commissioner shuts down facial recognition PrivacyLawyer - David Fraser 2023-05-07 | The British Columbia, Canada Privacy Commissioner investigated retailers using facial recognition to spot "persons of interest" (aka "bad guys"), and essentially found that it'll never be justified under Canadian privacy laws. The BC Privacy Commissioner's Decision: oipc.bc.ca/investigation-reports/3785Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
The Saskatchewan governments completely bogus IP claim used to shut down a critic PrivacyLawyer - David Fraser 2023-04-29 | Where you can find me► Privacylawyer blog: blog.privacylawyer.ca► My law firm: https://www.mcinnescooper.com/people/...► Twitter: twitter.com/privacylawyer► LinkedIn: https://www.linkedin.com/in/davidtsfr...Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel. All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
