Damages for Identity Theft? Think Again.

In today’s day and age, data breaches are common. Digital extortionists will use sophisticated techniques to obtain confidential and private information of millions of individuals from well-known platforms like Yahoo and Shopify. If you are a victim of such an attack, the question becomes: what damages are you entitled to? Unfortunately, a recent decision by …

Everybody Is Jumping on the Privacy Update Bandwagon: Alberta Consulting on Critical Updates to its Privacy Laws

The province of Alberta has joined the Canadian Federal Government and a number of the other Canadian provinces, proposing to update its privacy laws. Currently, Alberta’s legal privacy framework includes the Personal Information Protection Act (PIPA) and the Freedom of Information and Protection of Privacy Act (FOIP). These laws govern the collection, use, and disclosure …

The Limits to Class Action Privacy Claims in Ontario

Since the Ontario Court of Appeal’s decision in Jones v Tsige,[1] creating an Ontario version of the tort of invasion of privacy called “intrusion upon seclusion”, privacy-related class actions have emerged as a growth area. Many of these have focused on the institutional release of personal information and some have been successfully certified.[2] However, a …

What Steps Should your Company Controllers Be Taking for GDPR Compliance?

You may have read recent media reports about the EU’s General Data Protection Regulation (GDPR) which came into force on May 25, 2018. This legislation aims to enhance individuals’ protection from privacy and data breaches and improve how organizations approach data privacy. Practically speaking, the GDPR will impact individuals and companies around the world, not …

How to Develop a Cyber Attack Incident Response Plan – A List of Key Considerations

Along with my colleagues on the Dickinson Wright Cybersecurity Team, I recently attended the Incident Response Forum in Washington, D.C. The Forum, sponsored by Dickinson Wright, brought together the top government cyber-prosecutors and cyber-investigators, attorneys and experts who specialize in data breach response.  These experts discussed the most important and timely data breach response topics. After …