snIP/ITs Blog Monthly Review

Below is our Month in Review for November and December 2013, highlighting posts on our snIP/ITs blog. You can follow the links to any of these specific posts, or you can visit the blog at www.canadiantechlawblog.com.

The Right to be Forgotten
By Sophie Gupta on December 12th, 2013

This past October, the European Parliament’s Committee on Civil Liberties, Justice and Home Affaires voted in favour of a major reform of the current European Union (EU) data protection regime consisting of the Data Protection Directive, introduced in 1995, and national legislative works existing across EU member states. Intended as a response to privacy …

La loi canadienne anti-pourriel entre en vigueur bientôt – Êtes-vous prêt?
By Charles Morgan and Puneet Soni on December 11th, 2013

Le Ministre de l’Industrie, James Moore, a annoncé récemment que la majorité des dispositions législatives canadiennes attendues depuis longtemps contre les pourriels et les maliciels (la Loi anti-pourriel) entreront en vigueur le 1er juillet 2014. Dans le cadre de cette annonce, Industrie Canada a également publié …

Canada’s Anti-Spam Law is Coming – Are you Ready?
By Charles Morgan and Puneet Soni on December 5th, 2013

Industry Minister James Moore announced today that most of Canada’s long-anticipated anti-spam/malware legislation (CASL) will be coming into force on July 1, 2014. As part of today’s announcement, Industry Canada also released a significantly revised and final version of its important CASL regulations. CASL …

A Computer is Not a Cupboard: The SCC Grapples With Computer Searches
By Kirsten Thompson on November 19th, 2013

The Supreme Court of Canada recently formulated new rules for computer searches by police, acknowledging that the traditional legal framework was inadequate to protect the privacy rights of individuals in their digital life. In R. v. Vu, 2013 SCC 60, the Court said that a police search of a computer now requires prior authorization in ...

SCC Strikes Down Alberta Privacy Legislation on Speech Grounds
By Barry Sookman, Daniel G.C. Glover, Roland Hung and Keith Rose on November 15th, 2013

This morning, the Supreme Court of Canada released Alberta (Information and Privacy Commissioner) v. United Food and Commercial Workers, Local 401, 2013 SCC 62, an important decision relating to the intersection of freedom of expression and protection of privacy and, in the process, struck down Alberta’s Personal Information Protection Act, SA 2003, c. P-6.5 ...

"Only Following Orders" No Defence: B.C. Court of Appeal Holds Employees Personally Liable for Their Participation in Breach of Technology License
By Lisa Martz on November 5th, 2013

In the case of XY, LLC v. Zhu, 2013 BCCA 352¸ the B.C. Court of Appeal has confirmed that employees of a company can be personally liable for the breach of a technology license agreement by their employer. The Court held that employees who continue to carry out low level tasks even after they become ...