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PrivacyLawyer - David Fraser
Canada
Приєднався 22 гру 2021
Award-winning info about Canadian privacy and tech law from Canadian privacy lawyer David Fraser. Seriously, I won a Canadian Law Blog Award (Clawbie!) in 2023 for this channel.
Public legal education, not legal advice.
Public legal education, not legal advice.
Once again, federal politicians avoid real privacy accountability for themselves
Bill C-65, the Electoral Participation Act, includes some important privacy provisions. Some are positive, such as requiring federal political parties to have and follow a privacy policy, it doesn't go far enough. The bill fails to require political parties to obtain consent for data collection, limit collection to necessary information, or provide individuals with rights to access or correct their information. We need for greater transparency and individual control over how political parties collect, use, and disclose personal information.
Here's the Bill (look for section 444): www.parl.ca/LegisInfo/en/bill/44-1/C-65
Where you can find me
► Privacylawyer blog: blog.privacylawyer.ca
► My law firm: www.mcinnescooper.com/people/david-fraser/
► Twitter: privacylawyer
► LinkedIn: www.linkedin.com/in/davidtsfraser
► BlueSky: bsky.app/profile/privacylawyer.ca
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Here's the Bill (look for section 444): www.parl.ca/LegisInfo/en/bill/44-1/C-65
Where you can find me
► Privacylawyer blog: blog.privacylawyer.ca
► My law firm: www.mcinnescooper.com/people/david-fraser/
► Twitter: privacylawyer
► LinkedIn: www.linkedin.com/in/davidtsfraser
► BlueSky: bsky.app/profile/privacylawyer.ca
Disclaimer: This is intended for education and information only and should not be taken as legal advice. If you need advice for your particular situation, you should seek out qualified counsel.
All views expressed are solely those of the creator and should not be attributed to his firm or any of its clients.
Переглядів: 410
Відео
New “real world” guidance on data breach notification and reporting - real risk of significant harm
Переглядів 57714 днів тому
In Canada, data breaches must be reported to the Privacy Commissioner and individuals must be notified if the event creates a "real risk of significant harm". But what does that mean? You can read the original report of findings here: www.priv.gc.ca/en/opc-actions-and-decisions/investigations/investigations-into-businesses/2024/pipeda-2024-002/ Where you can find me ► Privacylawyer blog: blog.p...
Digital bills at risk if this government falls (or if Parliament is prorogued)
Переглядів 1,1 тис.Місяць тому
Parliament resumed at the end of September 2024 with a very different political landscape. The governing Liberals can no longer rely on the support of the NDP to prop up their minority government. If the government falls, all the bills currently under consideration will "fall off the order paper", effectively terminated. Here are four digital bills currently at risk of such a fate. Past comment...
Appeal court reverses Facebook’s Canadian privacy win
Переглядів 12 тис.2 місяці тому
The Federal Court of Appeal has completely reversed a Federal Court decision, finding that Facebook violated Canada's federal privacy law in connection with the Cambridge Analytica scandal of ten years ago. The Federal Court of Appeal decision is here: decisions.fca-caf.gc.ca/fca-caf/decisions/en/item/521452/index.do My previous video on the trial decision: ua-cam.com/video/tepA9ZTvrs8/v-deo.ht...
What's happening in privacy law in Canada? EVERYTHING!
Переглядів 1,3 тис.3 місяці тому
I was invited to give a presentation to an international group of privacy lawyers on what's going on in Canada. Here is my high level overview. Where you can find me ► Privacylawyer blog: blog.privacylawyer.ca ► My law firm: www.mcinnescooper.com/people/... ► Twitter: privacylawyer ► LinkedIn: www.linkedin.com/in/davidtsfr... Disclaimer: This is intended for education and informatio...
Do photography/videography bans in police stations and "public" buildings violate the Charter?
Переглядів 6 тис.4 місяці тому
Some police agencies have banned photography and videography in the publicly-accessible parts of their police stations, threatening to remove violators for trespassing. Is this Charter-compliant? TL;DR: Probably not. That said, I think a policy that that focused on the disruption of ordinary operations (whether by 'aggressive' photography or otherwise) would be Charter compliant: "Anyone who in...
The Charter protects school board employees' rights against unreasonable searches: Supreme Court
Переглядів 7795 місяців тому
This past week, the Supreme Court of Canada determined, in no uncertain terms, that the Charter of Rights and Freedoms applies to employees of a public school board in Ontario, which means that Section 8 of the Charter protects their privacy in workplace investigations. Here's the case as it wound its way up to the Supreme Court of Canada: ► Supreme Court of Canada - York Region District School...
A major problem with Bill S-210 is in a fundamental definition from the Criminal Code
Переглядів 9475 місяців тому
There are many, many things wrong with Bill S-210, An Act to restrict young persons’ online access to sexually explicit material. This discussion highlights the problems created by adopting a purpose-built definition of "sexually explicit material" from the Criminal Code, which was written for VERY different circumstances. Follow the progress of Bill S-210 "An Act to restrict young persons’ onl...
Proposed new production order powers for CSIS in Bill C-70 related to foreign interference
Переглядів 7146 місяців тому
My previous video on CSIS Act warrants: ua-cam.com/video/kkyM3Rkxgxc/v-deo.html Bill C-70, including its progress through Parliament, can be found here: www.parl.ca/LegisInfo/en/bill/44-1/C-70 Where you can find me ► Privacylawyer blog: blog.privacylawyer.ca ► My law firm: www.mcinnescooper.com/people/... ► Twitter: privacylawyer ► LinkedIn: www.linkedin.com/in/davidtsfr... Disclaim...
Important court decision on legal privilege in cyber incident response
Переглядів 1,2 тис.6 місяців тому
The Ontario Divisional court just delivered a decision that is a must-read for lawyers practicing in the area of cybersecurity incident response. The Information and Privacy Commissioner of Ontario demanded that LifeLabs turn over forensic and other reports related to a ransomware incident, over which LifeLabs claimed privilege. On judicial review, the Divisional Court agreed with the Commissio...
Hate crimes and freedom of expression under Canadian law
Переглядів 4,6 тис.7 місяців тому
Bill C-63, also known as the Online Harms Act, has kicked off a lot of discussion and debate about hate speech. To help provide some background on hate offences and freedom of expression under the Charter, this discussion is about existing hate crimes in the Canadian Criminal Code and how the courts have dealt with freedom of expression under the Charter. #billc63 #OnlineHarmsAct #CharterOfRigh...
Supreme Court tells the cops to "come back with a warrant" for IP addresses: Comment on R v Bykovets
Переглядів 1,2 тис.8 місяців тому
My previous video on "Lawful Access": ua-cam.com/video/tK-s6G0upco/v-deo.html And one on law enforcement requests for customer data: ua-cam.com/video/Irp1UalqXn8/v-deo.html Where you can find me ► Privacylawyer blog: blog.privacylawyer.ca ► My law firm: www.mcinnescooper.com/people/... ► Twitter: privacylawyer ► LinkedIn: www.linkedin.com/in/davidtsfr... Disclaimer: This is intended...
Canada's "Online Harms" bill - an overview critique of Bill C-63 #BillC63 #OnlineHarmsAct
Переглядів 12 тис.8 місяців тому
It is finally here: the long-anticipated Online Harms bill. It was tabled in Parliament on February 26, 2024 as Bill C-63. It is not as bad as I expected, but it has some serious issues that need to be addressed if it is going to be Charter-compliant. It also has some room for serious improvement and it represents a real missed opportunity in how it handles “deepfakes”, synthetic explicit image...
ID Scanning and Swiping: Can they do that?
Переглядів 1,7 тис.9 місяців тому
The question of scanning photo identification when entering liquor and cannabis stores has been back in the headlines, after the Liquor Control Board of Ontario (also known as the LCBO) announced a pilot project at six retail locations in Thunder Bay, Sioux Lookout and Kenora that would have required customers to hand over identification to be input into a data system. After some real scrutiny ...
Your papers, please! Canadian Bill S-210 proposes age verification law for internet users.
Переглядів 1,9 тис.9 місяців тому
There’s a bill working its way through the Parliament that presents a clear and present danger to the free and open internet, to freedom of expression and to privacy online. It’s a private member’s bill that shockingly has gotten traction. In a nutshell, it will require any website on the entire global internet that makes sexually explicit material available to verify the age of anyone who want...
The European Union has declared Canada's (allegedly old and outdated) privacy law "adequate"
Переглядів 54810 місяців тому
The European Union has declared Canada's (allegedly old and outdated) privacy law "adequate"
How the Grinch Stole Privacy - A Privacylawyer Holiday Special
Переглядів 49811 місяців тому
How the Grinch Stole Privacy - A Privacylawyer Holiday Special
Being on the receiving end of warrants from the Canadian Security Intelligence Service (CSIS)
Переглядів 3,5 тис.11 місяців тому
Being on the receiving end of warrants from the Canadian Security Intelligence Service (CSIS)
What is the "legitimate interests" exception to consent under Canada's proposed privacy law?
Переглядів 565Рік тому
What is the "legitimate interests" exception to consent under Canada's proposed privacy law?
Quebec town has a bonkers (and likely unconstitutional) bylaw that outlaws insulting politicians
Переглядів 759Рік тому
Quebec town has a bonkers (and likely unconstitutional) bylaw that outlaws insulting politicians
My testimony at the House of Commons INDU Committee on Bill C-27
Переглядів 879Рік тому
My testimony at the House of Commons INDU Committee on Bill C-27
Social media blocking by politicians violates the Charter
Переглядів 885Рік тому
Social media blocking by politicians violates the Charter
Do the proposed regulations save the Online News Act and journalism in Canada?
Переглядів 479Рік тому
Do the proposed regulations save the Online News Act and journalism in Canada?
"Naming and shaming" suspected shoplifters. What do privacy laws have to say about that?
Переглядів 561Рік тому
"Naming and shaming" suspected shoplifters. What do privacy laws have to say about that?
Missing Persons and Social Media Campaigns: First do no harm
Переглядів 342Рік тому
Missing Persons and Social Media Campaigns: First do no harm
The Shifting Digital Legal Landscape in Canada - Presentation to the Toronto Computer Lawyers Group
Переглядів 419Рік тому
The Shifting Digital Legal Landscape in Canada - Presentation to the Toronto Computer Lawyers Group
An overview of warrantless access to customer info (aka #LawfulAccess), and why pay attention
Переглядів 619Рік тому
An overview of warrantless access to customer info (aka #LawfulAccess), and why pay attention
Audio and video recording by employees in the workplace
Переглядів 5 тис.Рік тому
Audio and video recording by employees in the workplace
Privacy policies and "valid consent" under Canadian privacy law
Переглядів 892Рік тому
Privacy policies and "valid consent" under Canadian privacy law
British Columbia Privacy Commissioner shuts down facial recognition
Переглядів 800Рік тому
British Columbia Privacy Commissioner shuts down facial recognition
In Canada if you have a surveillance camera in your house and an intruder breaks in you have committed a crime if you have not gained the intruders written consent to be filmed prior to the break in.
I am already well aware of that sort of thing after selling S.T.A.R.S. calendars for 3 years in down to minus 20 Celcius. For 3 years while working with my hands too. For example many years later when watching the oldest character in the movie called, "Head Full of Honey" that seemed to me like a character who only had Parkinson's disease while having a sleep walking problem too. Compared with that one real life person during the light of day who had when I was only working as a S.T.A.R.S. calendar sales person confronted me while coming out of his back yard to threaten me about soon maybe being treated to voyarism if I continued to walk up the front stairs to the front door. Then right after knocking on the door anyway another younger than him couple who had to then answer that door had to apologize for him at the time about his for in real life dementia with a very odd way of expressing it. Just saying. While that kind of explanation as to why my interpretation of the main character in that movie explanation many years later didn't go over well since I didn't include enough jargon in my explaination about the main character with early stage dementia. While then the other character in that movie maybe only should have given up travelling by passenger train altogether in addition to driving his own vehicle too before needing to be diagnosed with early stage dementia as well as Parkinson's disease. Because I didn't use enough jargon when writing up my report about that movie during that course offered about the diagnosis of dementia now I cannot use my final mark in that course at all while passing.
A neighbor has his camera above his fence facing the street he says it to watch his 3rd vehicle.. the kicker is it also faces directly at the Canada post community mail boxes so he can pretty much see everyone's mail when removed.
If you have the time, a video on "smart" home technology in the context of a landlord forcing it on tenants, maintaining control of the system(s), and sharing the data collected by the devices with third parties would be very much appreciated.
Very well articulated. Very step by step. Clarifies a lot of issues people are confused about.
Thank you Government of Canada for giving me my rights.
This was done because of his Hunter Biden video. That's how they got the phoney warrant.
Lawyers, judges (also lawyers) and politicians stand with media as the main individuals who've screwed our nations. They've STOLEN the very Rights and Freedoms that HEROES sacrificed so much for! Scrap Remembrance Day as we only pay lip service to the claim that we honor their sacrifices.
Police as part of their training absolutely should have a lawyer inform them what the rights of citizens are in this matter. Not respecting this sets police up for lawsuits against their agencies and municipalities.
It's good to have a channel where things are explained, and by someone from a trusted firm. Thank you.
this is scary for a identity theft point of view, in that it would be a mass breach if /when hacked , on a monetary basis and ghosting id for election fraud or entry into Canada illegaly. not being able to see your own file ,or correct wrong info is ludicrous to say the least , this needs work big time before they store so much volume that hackers find a back door to this treasure trove of id info , cloning every Canadian ,
Conflict of interest. Allowing politicians to create rules about how they can collect and use citizens' personal information is akin to giving toddlers free rein over their bedtime, diet, and discipline-except instead of spilling milk, we’re talking about undermining the public's privacy and democracy itself. It’s utterly absurd and insulting to anyone who values fairness and accountability. This isn't just bad governance; it's a mockery of democracy. Citizens deserve laws created by independent bodies that genuinely serve the public interest, not crafted by individuals who have everything to gain from weak and permissive rules.
The same Bill is presently being pushed by our corrupt PM in Australia.
As per usual in this country the citizen gets to take a back seat to rights and protections just like everything else today it seems. Almost like this country isn't for the regular citizen any longer but rather the rich elites. We should be thankful I guess it's not Putin's Russia, but with more and more erosion of privacy and rights it's starting to tip the scales toward that lawless land more and more with each passing day. Our government and its political parties should be ashamed of themselves!
I thoroughly enjoy your coverage on Canadian privacy law. I hope to see your videos more frequently.
Thank you for adding credentials to common sense as outlined in the Preamble to the Charter R&F, which says. "Whereas :this Country is founded on Principles of the Supremacy of God and the Rule of Law: " The full colon assigned there indicates to me that everything which follows is only true because that statement is true. However, the past 6 years have demonstrated that the Courts are only open to consider that question if charges are in support of a corrupt Gov't.seeking to stifle free expression. For instance all gov't responses to SARScov2 and the filing by former Premier and only living signatory of our Charter, Brian Peckford, or the truckers freedom, etc etc. While being sworn in for cross examination of testimony in Cdn Supreme Court, the term, "OR AFFiRM", was unintentionally neglected and attempts were made quickly to correct it. That gave me the chance to reinforce that passage in our Charter and site the reference found in James chpt 5 vs 12 upon which the accountability for my tesimony, was, and would be based. While I am a supporter of police, sadly I have very little respect for the police forces of today. Considering the past 3 out of 4 RCMP Commissioners fled the Country in disgrace amid allegations of espionage for a foreign power, or a political squeeze to enhance further control of an insane tyrant, they have a tough task to regain public trust and I would encourage anyone with any interaction to record it for the family album. IMO 98.5% of recent police officers are hired under DEI non qualifications designed to descriminate. And, while they are given substantional authority, and a weapon or two, they lack the understanding of our Charter and the history of Canada in providing it, as shown by not being equipped to respect that authority, nor the human rights of citizens under Nuremberg Code. Observation involving City and Municipal Police are worse. So video them at every opportunity.
Great to finally find a Canadian based channel hosted by a professional! Excellent information and an easy to understand presentation. An easy: subscribe, notifications on and a DM of support for the creator! Thank you!
You noted that an acceptable use for recording video images would be to identify an individual whose theft was captured on video so they could be contacted about their debt to the merchant arising from the theft. If the person in question was unknown to the merchant or their employees, why wouldn't an appeal to the public for the purpose of identifying the individual/individuals be considered reasonable use ?
Very Useful and informative though most of these laws seem to be a simple matter of common sense.
covid injection site occupied by police in a condo building. these police officers were armed and so i found it strange so i took pictures and they ordered me to stop. was this act illegal to order me to stop taking pictures
I'm wondering when the masses are going to realize these ~laws~ aren't in place for us to grow as a human race. Time to wake and do as you see fit. BE A GOOD PERSON. And KEEP YOURSELF AND LOVED ONES SAFE. Fuck the ~rules.
You know my family had to run from the Nazi's in WW2 and this bill is exactly what the Gestapo would use to get what they wanted and the law and rights of the individual be damned. I will share this and hopefully someone with deep financial pockets will challenge it to the Supreme Court of Canada and hopefully have it struck down for the tyranny that it is!
I was arrested for filming my local police, was held in jail for 3 days had my cameras and cell phone seized, they raided my house and requested I be held in jail so they could search my home, they took laptops phones hard drives ect.. they handed my devices over to the o.p.p for a data dump without any warrants to do so, held me on bail with strict conditions for 4 years, just to say if I'll agree to let the police delete videos I took of them they will withdraw the charges,, Complete bullshit and violation of my rights
Do you have a video coming out / already out on dash cameras? especially bicycles?
Sensitive topic. I often take video in public locations for the purpose of a public UA-cam Channel. I am discreet on taking video of people in a public place, however if it happens, they are not identified unless given permission and if requested will either mask their appearance or not use the footage. I find it almost impossible to photograph in a public place without having members of the public appear in the video. My personal opinion is the only reason someone would not want to be photographed is they are hiding for some unknown reason.
Thank you for your content as a Canadian it is much appreciated to have canadian attorneys making content so I dont go all american constitution on a cop
Any place that the common public are allowed to wander, photos can be taken quite legally. Areas where photos can't be taken is in areas that have signs saying the area is private or states the area is not an area where Cameras are allowed to take pictures. It must be said on a written sign in full view of the person in the area where pictures by the photographer is being taken, has to obey to what that sign says. Under law, a clearly written sign must be seen in areas where pictures can't be taken. No signs, pictures can be freely taken.
" I read and reply to all of them" 6 out of 188 :) Can these laws and rulings be applied to planting Airtags?
This nightmare is only beginning, soon these things will be undetectable and hidden everywhere.
Refresh if the law changes. Fun info.
Canadians have no rights just responsibilities according to the ever changing law
The police in Canada are only accountable to the other police. There is no real police oversite. They could beat the holy crap out of you and get away with it nine times out of ten. Unless one of the police is willing to against the rest of the gang you are out of luck. For example there was a Calgary cop that had something like fifty serious complaints against him and untill he attacked another cop nothing happed to him.
Thanks for the information, good to know our rights. If you are walking down the street or are a passenger in a vehicle (that has been stopped for a traffic violation), do you need to show ID if requested by the police?
5:36 guess what...they was about to still my dog . ...I catched on my Audio from my camera. And then what? I is a violence of privacy or what? Ahhh...such a shame on you and your stupid law which you are representing .
I think that you canadians...you are smoking to much...and you are lost is the Space ,somewhere.
I rent and have cameras on the front and back of my townhouse for security purposes. I've encountered two different neighbors taking pictures of my backyard recently. The last one was this past wed. & She took a picture of the direction of my back door which my daughters bedroom window is right above. Legally can I make these people stop taking pictures of my childrens home? I'm in Langley, BC. My cameras do not point at my neighbors homes or yards. It's stressful when I don't know why these people are taking photos.
am kept a girl from columbus at his house for weeks wouldnt take her home. she was offered a ride but was scared to leave at that point
the dtugs left as thecopspulledin they passed in the driveway
Ableism / lawpro. Look for Judy Gaytons work. Kari d Boyle identifies the issue in slaw.
So, why did the Privacy Commissioner believe the logs purporting to show login activity to other user accounts from the subcommunity of misconfigured systems (and was the misconfiguration for the benefit of one special user but that required opening the door to a larger block of users? how or was that ever determined?) couldn't the logging system itself have been misconfigured or tampered with? There is after all a real risk of noncompliance and untruthful disclosure especially where reputation, commercial gain and preventing liability all lay on a greener side of a fence. Tangentially, did any of those extra privileged customers of that home 'security' service happen to receive misdelivered shipments of bullion during that timeframe? That lapse too was via breaches of privileged internal communication of information which might be termed a misconfiguration just as well.
Some good questions. The report of findings doesn't go into that level of detail. What apparently happened is that an employee configured the 200 customers as "dealers" rather than just customers, so they had elevated privileges to view certain information related to select other customers. That sounds credible. If I had advised the company, I would have suggested looking into whether this was just a mistake or something else. Whether that happened is not in the report of findings.
This is fantastic, anonymized post-mortems like this are so very illustrative, and although they lack the precision of exhaustive policy, paved paths/what to avoid/norms are typically what companies are after.
It does mention (at 07:11) Brinks but that may be a typographic slip. And we know most serious damaging accidents are by slip, trip, fall.
@@Don.Challenger I don't believe full anonymization is required. I work in tech, we do incident post-mortems all the time, I often am the one instituting that policy. We would partially anonymize (employee names) and slightly redact (security) our internal ones to create our external/customer facing ones. A similar process seems to be applied here; I skimmed the source report that was linked.
In this one, the OPC did name the company. I don't think it was really necessary. It may have been a negative, since any customer of that company might now wonder if they were one of the 3000+ with information potentially exposed. In videos like this, I generally don't emphasize the name of the organization unless there's really a reason to do so.
@@privacylawyer brinks is a public company, and an American one at that, they might be required to make public disclosures due to a variety of reasons regardless. So the OPC might not be adding any significant publicity than what's already available. Besides, I think getting companies into the habit of being more public about issues they encounter is better in the long run for everyone.
Good video. Thanks.
Canada is a far left country and its all you need to know about the Charter of rights.
I have questions about police officers interfering with photography e.g. shinning a flashlight into a camera lens at night or officers standing 6 inches away from a photographer so as to block his angle of view. Are these types of behaviour charter violations? Are there practical remedies?
🦅🦅🖊️🖊️🏦💡🚬
Thanks David! As you say, a reasonable and pragmatic decision. Thanks for sharing it.
interesting topic, and agree more clarity is needed , in-regards to the outcomes of breach events, helps highlight what a individual needs to do too keep them selves safe, because lets face it big tec seems to drop the ball all too often, with the individual left cleaning up their mess, i see a issue in the ability to report in real time to a human and not some on line text option , while this was not the issue in this case, their representative dropped the ball , 10+ weeks really , 🥸🤓,Canada, nov 11🏵
Alberta has abandoned the Canadian Bill of Rights in order to falsely make cases for the Alberta non withstanding clause. There is no acting force to protect or enforce our rights. Welcome to Alberta.
I saw another video of you. Very interesting and I learned a lot. Thanks. That video though was about camera around the house and to what extent we can video the privacy of my neighbours for example but with the present video, public spaces, is the street can be considered a public space and do I have the right to film my car park sing space and some of the street?
Sir thank you for your explanations of these critical legal areas in a time when video and photos are becoming exponentially more prolific and with greater access to worldwide content the knowledge of our rights and restrictions in our own country is a bit of knowledge no individual should ignore and can benefit from!