Privacy and Information Protection

Protection of information ranks among the top concerns of business and citizens alike in the new millennium, and for good reason. Proprietary commercial, financial and strategic information is of vital importance to most businesses and, because of advances in technology, this information has become increasingly vulnerable to misuse. For the same reason personal information has never been so easily accessible. Evolving and new legislation, driven by public opinion, will ensure that privacy issues and the protection of information will affect virtually everyone in the conduct of their business activities in Canada.

Members of our Privacy and Information Protection Practice Group advise clients on all aspects of federal and provincial, public and private sector privacy law and freedom of information (FOI) legislation. We also have extensive knowledge and expertise in relevant international legislation and policies and how these may impact the business interests of our clients. We bring together expertise from across the country, and from USA (New York) and Europe (London), to help our clients maintain their business interests while adhering to evolving legislation.

Our expertise in that field is well established. Consult our recommendations on references on former employees or requested by potential employers. 
 

The Leading Canadian Privacy Law Firm. Fasken Martineau is the leading firm in Canada in the area of privacy law. Our Privacy Group is comprised of recognized privacy law experts in Vancouver (British Columbia), Calgary (Alberta), Toronto and Ottawa (Ontario) and Montreal (Quebec), as well as London (U.K.). This provides the Group with a unique and significant advantage in developing and implementing national privacy compliance programs which need to address issues under the provincial privacy laws in British Columbia, Alberta and Quebec, as well as issues under the federal PIPEDA.

Multi-Sectoral Experience. Our Privacy Group acts for a wide variety of organizations, including those operating in multiple jurisdictions, and in every sector, including health service providers, hospitals, financial and insurance services, manufacturing, retail, services, etc.

Uniquely Extensive Privacy Compliance Experience. Fasken Martineau has uniquely extensive experience in conducting privacy audits and has implemented over 100 privacy compliance programs. Consequently, Fasken Martineau has developed well-tested privacy audit and compliance programs.

Cost-Effective. Our extensive experience in implementing compliance programs has allowed us to develop cost-effective procedures which make strategic use of junior associates with expertise in privacy law to complete much of the work, with appropriate supervision from more senior lawyers.

Proximity to the Policymakers. Fasken Martineau's privacy lawyers are intimately involved in the development of federal and provincial privacy legislation. We are not only aware of changes that are forthcoming; we regularly make submissions to government regarding what those changes should be. Policymakers recognize the privacy lawyers at Fasken Martineau for their expertise in this area, as reflected by the fact that, in addition to our making submissions of our own volition, both the government and interested stakeholders frequently consult us regarding the content of proposed legislation. Here are a few examples:

• John Beardwood is founder and past-Chair of the Canadian Bar Association Privacy and Access Law Section, which meets annually on an informal basis with the federal and provincial privacy commissioners. John has been one of the leaders of the Section's submissions on the various issues, including review of PIPEDA and amendments to the federal Privacy Act. John is also the co-founder and a past-Executive member of the Ontario Bar Association privacy Law Section.
• Jeffrey A. Kaufman is an executive member of CBA privacy committee and a former Chair of the Ontario Bar Association Privacy Law Section.
• Karl Delwaide and other members of Montréal's office had assisted governmental bodies in examining how to offer on line services to the population in light of Privacy legislation.

Selected Experience

• Jones v. Tsige, 2012 ONCA 32
• Information and Privacy Commissioner, Ontario, FINAL ORDER MO-2468-F, Appeal MA-060119-1, City of Toronto

News

• The Law Times mentions Alex Cameron and Nicole Melanson's representation of the defendant in Jones v. Tsige before the Ontario Superior Court of Justice and the Ontario Court of Appeal
• The Lawyers Weekly quotes Alex Cameron on the potential repercussions of the recent Ontario Court of Appeal's decision recognizing invasion of privacy as common law tort

Publications

• PIPEDA Prohibits Banks from Disclosing Mortgage Discharge Statement: Citi Cards Canada Inc. v. Pleasance By: Alex Cameron, Jennifer E. Butcher, Privacy Pages, Canadian Bar Association, November 2011.
• Defining the Scope of the Access to Information Act: Canada (Information Commissioner) v. Canada (Minister of National Defence) By: Alex Cameron, Jeffrey Warnock, Privacy Pages, Canadian Bar Association, November 2011.

Events

• Fasken Martineau Training Day Program, December 5, 2011.
• Privacy and Anti-Spam Update for Organizations and Lawyers, November 30, 2011.