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Compliance for Privacy Officers on the New Canadian Consumer Privacy Protection Act
Part One of this series discussed the history of Canada's recently introduced Consumer Privacy Protection Act and reviewed the similarities with GDPR, such as data portability, the right not be forgotten, codes of practice, and a safe harbor provision. Part Two analyzed the new compliance requirement of valid consent. Part Three continues the analysis of new compliance requirements, including the content of organizational privacy policies and anonymization of personal information policies, and business transaction policies contained in the Act.
New Content for Privacy Policies
The federal Personal Information Protection and Electronic Documents Act (PIPEDA) already requires that organizations make readily available to individuals information about its policies and practices relating to the management of personal information. However, the Act requires not only that this information be made available "in plain language" (see, Section 62(1) of the Act.), but also that the information now include (in addition to a description of the type of personal information under the organization's control, how an individual may make a request for disposal or access, and the business contact information of the individual to whom complaints or requests for information may be made — all of which are existing PIPEDA requirements) the following specific additional information: a) in addition to a general account of how the organization uses the personal information, an account as to how it applies the exceptions to the requirement to obtain an individual's consent, which must include a description of any activities in which it has a "legitimate interest" (see above); b) a general account of the organization's use of any automated decision system to make predictions, recommendations or decisions about individuals that could have a significant impact on them (see below); c) whether or not the organization carries out any international or interprovincial transfer or disclosure of personal information that may have "reasonably foreseeable privacy implications"; and d) the retention periods applicable to sensitive personal information. See, Section 62(2) of the Act.
Privacy officers will need to review their existing, publicly facing privacy compliance collateral and amend as required in order to meet these new requirements.
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Stranger to the Deed Rule
In 1987, a unanimous Court of Appeals reaffirmed the vitality of the "stranger to the deed" rule, which holds that if a grantor executes a deed to a grantee purporting to create an easement in a third party, the easement is invalid. Daniello v. Wagner, decided by the Second Department on November 29th, makes it clear that not all grantors (or their lawyers) have received the Court of Appeals' message, suggesting that the rule needs re-examination.