Category Privacy

EU Court of Justice Issues Ruling on Privacy Rights and International Agreements

In a ruling that should have a significant impact on Canada’s privacy policies, the European Court of Justice (Opinion 1-15, July 26, 2017) has held that  the agreement between Canada and the EU on the transfer of Passenger Name Record (PNR) data cannot be concluded because it violates fundamental privacy rights recognized by the EU […]

Douez v Facebook: Implications for Canadian Information Policy

Today I made a presentation for Lou D’Alton’s Information Policy class (LIS 9130 in the Faculty of Information & Media Studies at UWO) entitled Douez v Facebook: Implications for Canadian Information Policy. I’ve posted the slides here. I believe the decision has important implications beyond the validity of the forum selection clause that was at […]

The Internet of Things: Implications for Consumer Privacy under Canadian Law

The Internet of Things: Implications for Consumer Privacy under Canadian Law by Samuel E Trosow, Lindsay Taylor and Alexandrina Hanam Abstract: Much recent attention has focused on the development of what is coming to be known as the Internet of Things (IoT). New digital products and services ranging from “smart” kitchen appliances, home heating/lighting/security systems […]

SCC Rejects Facebook’s “Choice of Forum” Clause Argument

In a welcome development for online consumers who are often forced to give up important legal rights in click-wrap license agreements, the Supreme Court of Canada has just issued its decision in Douez v. Facebook Inc. (2017 SCC 33) https://www.canlii.org/…/…/doc/2017/2017scc33/2017scc33.html In rejecting Facebook’s claim that the forum selection clause in its terms of service preclude […]

Submission to OPC on Privacy and Consent

Here is my Submission (with co-authors Scott Tremblay and Daniel Weiss) to the Office of the Privacy Commissioner for their consultation on Privacy and Consent under the Personal Information Protection and Electronic Documents Act. Summary of Submission of Samuel Trosow,  Scott Tremblay and Daniel Weiss The current consent model is inadequate to protect the legitimate privacy […]

R v. Fearon: The Supreme Court on cell phones and privacy

R v. Fearon: The Supreme Court on cell phones and privacy by Lisa Di Valentino On December 11, 2014, the Supreme Court released its decision in R. v. Fearon, which I brought up in an earlier post about a similar case in the U.S. (Riley v. California, Supreme Court of the United States). In this post […]

U.S. Supreme Court: Warrant needed to search cell phone of arrested individual

Here is a posting written by Lisa Di Valentino about the cell phone privacy decision issued last week from the US Supreme Court   U.S. Supreme Court: Warrant needed to search cell phone of arrested individual by Lisa Di Valentino Earlier this month, the Canadian Supreme Court handed down its judgement in R. v. Spencer, […]

Supreme Court confirms importance of information privacy and Internet anonymity

Here is a posting written by Lisa Di Valentino about the internet privacy decision issued today from the SCC . . . Supreme Court confirms importance of information privacy and Internet anonymity by Lisa Di Valentino Today, the Canadian Supreme Court handed down its long-awaited decision in R. v. Spencer. Daniel Therrien, Canada’s new Privacy […]

SCC Upholds Union’s Expression Rights over Privacy Challenge

The Supreme Court of Canada has  issued a unanimous decision dismissing an appeal brought by the Alberta Information and Privacy Commissioner in Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401 (2013 SCC 62).  The judgment of the unanimous Court delivered by Justices Abella and Cromwell  was a sweeping endorsement of […]