LexBlog IP

JUNE 15, 2023

Montana Governor Greg Gianforte has signed SB 351, the Genetic Information Privacy Act (GINA), which “requires an entity to provide consumer information regarding the collection, use, and disclosure of genetic data; providing for limitations and exclusions; providing for enforcement authority; and providing definitions.”

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IP Watchdog

OCTOBER 5, 2023

On September 6, OpenAI faced its second invasion of privacy lawsuit filed in the U.S. District Court for the District of Northern California, for allegedly stealing private information from millions of internet users. Here are five key allegations from the privacy suit against OpenAI.

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IPilogue

MARCH 22, 2023

Privacy Misrepresentation According to the Federal Trade Commission (FTC) release , BetterHelp requires a questionnaire that asks for sensitive mental health information – “such as whether they have experienced depression or suicidal thoughts and are on any medications” – along with personal information.

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Nelligan Law

MARCH 20, 2024

The convicted individual contended that the police’s action of requesting IP address information without a warrant breached their privacy rights, as stipulated by the Canadian Charter of Rights and Freedoms. The claimant’s subjective expectation of privacy. The claimant’s interest in the subject matter.

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Michael Geist

APRIL 22, 2024

A little over five years ago, I launched the Law Bytes podcast with an episode featuring Elizabeth Denham , then the UK’s Information and Privacy Commissioner, who provided her perspective on Canadian privacy law. The podcast this week goes back to where it started with a look at Canadian privacy through the eyes of Europe.

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Michael Geist

MARCH 18, 2024

The federal government has struggled to update Canadian privacy laws over the past decade, leaving the Supreme Court as perhaps the leading source of privacy protection. Vibert Jack is the litigation director of the BC Civil Liberties Association, which successfully intervened in the case.

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IPilogue

SEPTEMBER 21, 2021

On September 7, 2021, the Office of the Information and Privacy Commissioner of Ontario (IPC) issued its response to the Ontario government’s white paper on proposals for a provincial private sector privacy law, as previously reported by the E-TIPS® Newsletter here.

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Technology & Marketing Law Blog

JULY 31, 2021

Instacart purports to bind consumers to its privacy policy via this screen: (Sorry for the poor image resolution. The court says Instacart creates an enforceable sign-in-wrap (ugh): The Court finds Instacart’s privacy policy conspicuous and obvious for several reasons. Airbnb , the green font for the privacy policy link is NBD.

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Michael Geist

APRIL 17, 2023

The Federal Court of Canada last week dismissed the Privacy Commissioner of Canada’s complaint against Facebook stemming from alleged privacy violations involving Cambridge Analytica. The Privacy Commissioner ruled against Facebook in 2019, but Facebook disagreed with the findings and took the matter to court.

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The IPKat

APRIL 10, 2024

As readers may be aware, The IPKat also covers privacy and confidentiality issues and so, is pleased to host the following guest contribution by Katfriend Bibitayo Emmanuel Ojo (DataPro Limited) on the struggles between data privacy rights of citizens and government's duties around national security.

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Erik K Pelton

DECEMBER 14, 2021

There are several pieces of information accessible to the public after filing a trademark application. Although there are some benefits to having this information easily accessible, this same information is also accessible to scammers. Erik shares several privacy considerations for … Continue reading ?

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IP Law 360

FEBRUARY 28, 2024

violates Illinois' Biometric Information Privacy Act by unlawfully using voice recordings created by users of its Facebook and Messenger platforms, but allowed the plaintiff to amend claims that the social media giant profited from and improperly stored her data.

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LexBlog IP

SEPTEMBER 30, 2021

Illinois’s Biometric Information Privacy Act (BIPA) continues to be a problem for employers who are using biometric information such as palm readers or fingerprint timekeeping software. The laws are changing rapidly since biometric information is highly sensitive and unique.

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IIPRD

JANUARY 24, 2024

Introduction In a world ruled by machines using lots of data, rules about keeping personal information safe and rights to own ideas create difficult problems for businesses everywhere. As companies work hard to make something new and keep their ideas safe, they have to deal with the complicated rules about keeping private information secret.

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IPilogue

JANUARY 13, 2022

2021 was a transformational year for Canadian privacy legislation. Following the changes made to the Federal reforms to PIPEDA in 2020 , several provinces amended their privacy legislation to protect their constituents’ interests. Such privacy policies must describe how companies plan to use personal information.

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IPilogue

MARCH 8, 2023

This article was originally published on the OBA’s Information Technology and Intellectual Property Law Section’s articles page. Privacy breaches are becoming commonplace in today’s business landscape and cybersecurity is top of mind for many organizations— and for good reason. Kaplan v Casino Rama Services Inc.

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IPilogue

AUGUST 30, 2022

On August 11, 2022, the Office of the Privacy Commissioner of Canada (OPC) published a report on its survey of Canadian businesses regarding privacy related-issues (the Survey). The Survey findings are used by the OPC to provide privacy guidance to the public and improve outreach efforts with businesses.

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Technology & Marketing Law Blog

APRIL 8, 2023

California passed the California Age-Appropriate Design Code (AADC) nominally to protect children’s privacy, but at the same time, the AADC requires businesses to do an age “assurance” of all their users, children and adults alike. Doing age assurance/age verification raises substantial privacy risks.

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Barry Sookman

MARCH 6, 2024

Bykovets , 2024 SCC 6, the Supreme Court of Canada ruled that for Charter of Rights purposes, a person being investigated by the police has a reasonable expectation of privacy in an IP address in the possession of a third person, in this case a payment processor, even when not linked to any personally identifying information.

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LexBlog IP

DECEMBER 22, 2023

We previously wrote about how toys, baby monitors, and other smart devices collect, use, and disclose personal information about children, and risks to children’s privacy. The last update to COPPA was in 2013, which is ancient history in the world of technology.

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Michael Geist

FEBRUARY 28, 2023

The Canadian government often talks about the importance of privacy, but actions speaks louder than words. Not only has privacy reform clearly not been a priority, but the government seems more than willing to use the weak privacy rules to further other policy goals.

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IPilogue

NOVEMBER 12, 2021

On October 27, 2021, the Office of the Privacy Commissioner of Canada (the OPC) released observations following a series of international engagements between data protection and privacy authorities around the world and four of the biggest video teleconferencing (VTC) companies: Microsoft, Cisco, Zoom, and Google (the Organizations).

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LexBlog IP

OCTOBER 12, 2023

I was preparing to teach my next privacy law class on the subject matter of online privacy, when I discovered a good article (though in full disclosure, it is an ad) on protecting your privacy and personal information online.

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Olartemoure Blog

MARCH 7, 2023

Privacy-enhancing technologies are tools and techniques designed to protect users’ personal data and privacy by enabling the analysis and sharing of insights within data, without sharing the data itself. They allow people’s data to be extracted, but not to be tracked back to them, which increases the security of personal information.

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IPilogue

MARCH 13, 2023

Using the Internet inevitably requires consenting to have your personal information used, collected, and disclosed by the websites you visit. A common reason for individuals, corporations, and non-profit organizations to collect your personal information is to influence your behaviour online, from your voting habits to your mental health.

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LexBlog IP

JANUARY 25, 2024

Last week, the California Privacy Protection Agency (CPPA) launched a new website dedicated to providing resources to California residents about their privacy rights under the California Consumer Privacy Act (CCPA). On the flip side, it also includes resources for businesses to understand their obligations under the CCPA.

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TorrentFreak

JUNE 10, 2022

According to Ziggo, linking IP addresses to specific subscribers raises serious privacy concerns, even if the personal information isn’t shared with BREIN. While BREIN has a license to process the personal information of alleged infringers, Ziggo doesn’t. This was a severe setback for the anti-piracy group.

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LexBlog IP

SEPTEMBER 4, 2021

Data privacy concerns have undoubtedly spiked during the pandemic due to new categories of identifiable personal data being collected from employees. Accordingly, employers essentially became the primary custodians of employee personal information and adjusted their work policies and practices to protect various forms of identifiable data.

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IPilogue

FEBRUARY 27, 2023

The Plan also recognizes that eliminating the use of fax machines would promote patient privacy, which aligns with the Information and Privacy Commissioner of Ontario’s (IPC’s) initiative to modernize Ontario’s health communication infrastructure. Joseph’s Healthcare Hamilton caused by misdirected faxes.

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LexBlog IP

JANUARY 16, 2024

However, at a time when personal privacy is cherished more than ever, privacy is a crucial consideration when starting a business entity. While establishing a business requires some public disclosure, several strategies can be used to preserve privacy and maintain anonymity. Tax Code §171.001.

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IPilogue

JULY 13, 2022

As discussed in part one , Human Rights Watch (HRW) released a report in late May outlining the privacy risks school children face across the globe. However, Canada still falls behind in implementing modern privacy legislation that addresses child consent.

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IPilogue

AUGUST 27, 2021

Privacy has been a reoccurring issue debated across the world as virtual communication is no longer seen as an option but essential to working remotely during a pandemic. Dangers of Unprotected Information. Not only does this violate our privacy rights, but it also creates a bigger ethical dilemma within the economic market.

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IIPRD

JANUARY 28, 2023

The fact that data principals frequently lack the required knowledge to know what type of private information is useful for a specific purpose is ignored when collection is made conditional solely on consent. It is the responsibility of regulators to make sure that these technologies protect individuals’ informational privacy.

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Technology & Marketing Law Blog

OCTOBER 28, 2021

FullStory’s software allows Nike to capture information regarding website visitors: (1) mouse clicks, (2) keystrokes, (3) payment card information, (4) IP address, (5) location, and (6) browser type and OS. On behalf of a putative class, the plaintiffs asserted privacy claims—including for wiretapping—under California law.

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IP and Legal Filings

APRIL 8, 2023

Introduction The media believes that it is their fundamental right to capture and publish all information about celebrities about matters of “public interest” or “public concern” that arise from the “Freedom of the Press” guaranteed by Article 19 of the Constitution.

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LexBlog IP

FEBRUARY 7, 2023

Health privacy has been a Federal Trade Commission (FTC) priority for decades, and indeed, one of its very first privacy cases , in the early 2000s, involved the inadvertent sharing of user health data. Fast-forward a few decades, and health privacy remains a major concern.

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LexBlog IP

SEPTEMBER 14, 2023

This week, Delaware Governor John Carney signed the Delaware Personal Data Privacy Act into law. The outreach effort will inform Delaware consumers of their rights under the new law and describe businesses’ obligations. The bill goes into effect on January 1, 2025, and a public outreach effort will begin by July 1, 2024.

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