Ontario court urges "business transaction" exemption be added to PIPEDA, grants order for disclosure
In the Matter of an Application Under Rules 14.05(3)(d), 2012 ONSC 2530, a decision issued on April 26, 2012, the Ontario Superior Court of Justice granted an order allowing the vendor financial institution to disclose personal information to the purchaser, pursuant to an asset purchase transaction.
In doing so, the court urged, effectively, for the implementation of "business transaction" provisions such as those found in the BC and Alberta PIPAs, stating:
It is evident from this long list of cases that Farley J. was prescient in suggesting that "this type of situation should be addressed to avoid unnecessary court applications." I join Farley J. in urging that a route be provided that will permit the disclosure of the necessary personal information in such circumstances as these to avoid wasting the court's time and the parties' funds (at para. 12). read more »
The federal government recently re-introduced legislation - Bill C-12, Safeguarding Canadians' Personal Information Act - to amend the federal Personal Information Protection and Electronic Documents Act ("PIPEDA").
Once passed, the amendments will make the rules around employee personal information clearer for employers and, in some case, more employer friendly.
The same amendments were introduced in May 2010 but expired or died on the order paper when the federal election was called and Parliament was dissolved in March 2011. See my previous entry here: Federal government introduces long awaited amendments to PIPEDA.
The government's September 29, 2011 news release announcing the re-introduction of the amendments can be found here: Government of Canada Moves to Enhance Privacy of Individuals during Commercial Transactions. read more »
The Federal Privacy Commissioner has launched on online handbook - PIPEDA and Your Practice - A Privacy Handbook for Lawyers - to help lawyers apply the federal private sector privacy legislation to their practices.
"Written by lawyers for lawyers, PIPEDA and Your Practice - A Privacy Handbook for Lawyers describes best practices in managing the collection, use and disclosure of personal information, responding to requests for access to personal information, and the potential application of PIPEDA. The Handbook covers practical privacy issues that arise in the course of managing a law firm and conducting litigation," stated the Commissioner's office in its August 16, 2011 news release announcing the handbook.
Litigators will likely find the "Privacy Issues in Civil Litigation" section to be of significant value.
It is a case concerning two employees of the Bank of Montreal who worked at different branches. Over the course of four years, one employee (the "Defendant") accessed the personal banking information of the other employee, who was also a customer of the bank (the "Plaintiff"), on 176 occasions.
Rather than filing a complaint with the federal privacy commissioner under PIPEDA, and ultimately going to the federal court for recourse, the Plaintiff sued the Defendant for the common law tort of invasion of privacy.
In its decision issued on March 23, 2011, the Ontario Superior Court of Justice, citing precedent, ruled that there is no tort of invasion of privacy in Ontario.
The Ontario Court of Appeal will now have an opportunity to weigh in on this issue. read more »
Vancouver labour and employment lawyers Carmen Overholt, Q.C. and Matthew Curtis have written a paper on, "Employer Rights and Obligations in Connection with Employee Personal Medical Information".
The paper was written for the Meeting of the Council of Industrial Relations Executives on June 8 and 9, 2010 in Vancouver, British Columbia with the assistance of David R. Phillips, articled student.
The federal government has finally introduced the long awaited and much needed amendments to PIPEDA, the private sector privacy legislation that applies to federally regulated operations, and also provincially regulated operations in some capacities in all provinces except BC, Alberta and Quebec.
The proposed amendments are in response to the 2007 report that followed the mandatory statutory review of PIPEDA.
Key among the proposed amendments - which were introduced on May 25, 2010 and contained in Bill C29 (An Act to Amend Personal Information Protection and Electronic Documents Act) - are: read more »
Lawyer Brian Bowman and articling student Andrew Buck, at Pitblado LLP in Winnipeg, prepared "Monitoring employee e-mail: a privacy primer" for the December 2009 CBA National Privacy and Access Law Section Newsletter. The article focuses largely on the federal Personal Information Protection and Electronic Documents Act.