Privacy
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Cloud computing, identity theft, database security, surveillance, privacy policies, and access to information: individuals and businesses are increasingly faced with challenging issues in the area of information access and privacy. The Field Law Privacy Group is a recognized leader in the privacy law field, offering a full range of services to guide our clients through the complex landscape of privacy law.

Field Law helps corporations and public bodies protect their businesses and strengthen their relationships with their customers and the public. We work with our clients to draft and review internal and external privacy policies, as well as corporate transactions involving contracts and other legal documents such as non-disclosure agreements, waivers, confidentiality agreements and releases. We provide our clients with sound and practical advice on records management issues, confidentiality matters, employee and customer information management, reporting privacy breaches and compliance with mandatory reporting legislation. We provide responsive research and legal opinion services, and offer training and seminars on a full spectrum of privacy related topics.

Field Law also offers a full range of services in court and administrative proceedings. We advise and act for public bodies, health service providers, individuals and businesses in Information and Privacy Commissioner inquiries and investigations. We act for our clients in all aspects of civil, criminal and administrative proceedings, including records production issues, judicial reviews, and civil litigation.

We also work with our clients and third party consultants on Privacy Impact Assessments and information management practices.

Anti-Spam Legislation

On July 1, 2014, Canada’s Anti-Spam Legislation (CASL) came into force. CASL regulates the form and content of electronic communications and imposes consent requirements. Failure to comply with CASL could lead to the imposition of large fines and ultimately will give affected individuals a private right of action. In light of CASL’s broad application, stringent standards for consent, and penalties for non-compliance, organizations that send electronic messages should develop a compliance plan.

CASL is complex legislation, with detailed regulations, and with various federal bodies involved in its interpretation and enforcement. Field Law’s Privacy Group can help your organization understand the new requirements. We can assist with review of your organization’s marketing and communication practices and provide the following assistance:

- We can review and audit your organization’s current marketing and communications practices for CASL compliance.

- We can help you develop and implement a CASL compliance action plan.

- We can assist with the preparation of CASL - compliant consent forms and processes, unsubscription mechanisms, and identification notices.

- We can review your agreements with third party providers to ensure compliance with CASL.

Partner
Edmonton
780-423-7663
acote@fieldlaw.com
Partner
Edmonton
780-423-9595
aakgungor@fieldlaw.com
Partner
Edmonton
780-423-7696
bwindwick@fieldlaw.com
Partner / Field Law Privacy Officer
Calgary
403-260-8515
knicholson@fieldlaw.com
Partner
Edmonton
780-423-7649
lmiller@fieldlaw.com
Lawyer
Edmonton
780-643-8767
myu@fieldlaw.com
Lawyer, Trademark Agent, CLP
Calgary
403-260-8508
rstobbe@fieldlaw.com
Lawyer
Edmonton
780-423-7602
lmonsma@fieldlaw.com
June 2017
Cyber Liability and Privacy
Seminars
June 2017
Government of Canada Suspends CASL's Private Right of Action Provisions
May 2017
Legislation Protecting Victims of Non-Consensual Distribution of Intimate Images
November 2016
CASL News: The CRTC Provides Long-Awaited Guidance on Implied Consent and the Assessment of Administrative Monetary Penalties
July 2015
Porter Airlines Pays $150,000 for Alleged Violations of Canada's AntiSpam Legislation (CASL)
March 2014
2013 Year in Review
November 2013
Supreme Court of Canada Declares Alberta’s Personal Information Protection Act Unconstitutional
November 2013
Lunchtime Round Table Series for FOIP Coordinators
June 2013
Access to Information Laws: Three Reasons Why All Canadian Organizations Should Pay Attention
January 2013
Anti-Spam Legislation: Coming Soon to a Campus Near You?
January 2013
Ontario Privacy Commissioner Rules that the Freedom of Information and Protection of Privacy Act Does Not Apply to Professors' Research Expense Reports
January 2012
A Potpourri of Access Orders: Practical Guidance in Responding to Access Requests
January 2013
The Supreme Court of Canada and Privacy in Workplace Computers
January 2013
2012 Year In Review
January 2013
2012 Year In Review
2012
One Year Later: Ontario Hospitals and the Freedom of Information and Protection of Privacy Act
December 2012
Anti-Spam Legislation: A Work in Progress
December 2012
Privacy Breaches Can Be a One-Two Punch for Employers: Arbitrator Awards Damages for Employee Credit Checks that Breached Privacy Legislation
September 2012
Privacy Law and Journalistic Practices
September 2012
Round Table Discussion: Definitions and Dilemmas: Current FOIP Concerns
Seminars
July 2012
Alberta Privacy Commissioner Issues Report on Privacy Breaches
June 2012
Click With Caution: What Employers Should Know Before Conducting Social Media Background Checks on Prospective Employees
April 2012
FOIP Overview
January 2012
Intrusion Upon Seclusion: Ontario Recognizes Tort for Invasion of Privacy - Will Alberta Follow Suit?
November 2011
Round Table Discussion: Dealing with Protection of Privacy
October 2011
Alberta Court Declares PIPA Sections to be Unconstitutional in Picketing Matter
September 2011
Round Table Discussion: Current Issues in Privacy Compliance
September 2011
Round Table Discussion: Current Issues in Privacy Compliance
May 2011
Appeal Court Opines on Expectation of Privacy in the Workplace
May 2011
Round Table Discussion: Advanced Issues in Responding to FOIP Access Requests
February 2011
2010 Year in Review
January 2011
The Fundamentals of Privacy Law & Compliance
November 2010
You Put That Online? Blogging, Social Networking, and Workplace Privacy
October 2010
OIPC Mediation and Inquiry Procedures -- An Overview of the Usual Steps, and a Review of the New Inquiry Procedures
June 2010
Employee Criminal Record Checks
June 2010
Facebook: What Employers Need to Know About Workplace Privacy, Discipline & Dismissal
June 2010
Alberta Introduces Mandatory Privacy Breach Notification
June 2010
Ethics and Public Accountability in Government and the Private Sector
Seminars
Spring 2010
New - Changes to PIPA
April 2010
Facebook & Online Social Networking in the Workplace: What Human Resources Professionals Need to Know
February 2010
Privacy Law: Public Health - Health Information
Seminars
January 2010
2009 Year in Review
October 2009
Everything You Wanted to Know About Employment Privacy But Were Afraid to Ask
October 2009
The Limits of the Private: Invasion of Privacy As A Common-Law Tort
July 2009
HIV/AIDS Reporting
Special Privacy Edition, Summer 2009
Current Workplace Issues - Video Surveillance
Special Privacy Edition, Summer 2009
Biometric Technology in the Workplace: Preventing "Buddy Punching"
Special Privacy Edition, Summer 2009
You Raise the Issue - Promotion Assessment
June 2009
Bill 52: Amendments to Alberta's Health Information Act
Winter 2009
HIV/AIDS Reporting
2009
Privacy and the Duty to Accommodate: Balancing the Employee's Privacy Against the Employer's Need to Know
January 2009
New Developments in Workplace Privacy & Surveillance
September 2008
New Guidelines for the Use of Video Surveillance
August 2008
Privacy & The Duty To Accommodate: Balancing the Employee’s Privacy Against the Employer’s Need to Know
May 2008
New Guidelines for the Use of Video Surveillance
2005
Police Experience with the Health Information Act:  The Edmonton Police Service's Submissions to the Select Special Health Information Act Review Committee
 The Edmonton Police Service's Submissions to the Select Special Health Information Act Review Committee
Fall 2003
Bill 44, The Personal Information Protection Act - Private Sector Privacy Legislation
Fall 2003
You Raise the Issue - Privacy Principles and Business Transactions
Fall 2003
Privacy In Employment
May 2001
Canadian Privacy Law
Fall 2000
Privacy of Information in the Workplace
1999
Contractors and Freedom of Information

The following links are additional resources that may be useful:

Legislation

CASL, the Regulations, and the Regulatory Impact Analysis Statement are available on the Government of Canada’s CASL webpage

General Information

Overview of CASL

CASL FAQs

Industry Canada Overview

CRTC Compliance and Enforcement Information Bulletins

Compliance and Enforcement Information Bulletin 2012-548: Guidelines on the interpretation of the Electronic Commerce Protection Regulations 

Compliance and Enforcement Information Bulletin 2012-549: Guidelines on the use of toggling a means of obtaining express consent under Canada’s anti-spam legislation

Articles and Presentations

Anne Côté, Anti-Spam Legislation: A Work in Progress 

Anne Côté, Anti-Spam Legislation: Coming Soon to a Campus Near You?

Kelly Nicholson, Before hitting ‘send’: The impact of Canada’s anti-spam law, Calgary Chamber of Commerce blog

Our experience is well illustrated through the clients we represent. Below please find a summary of some of our past and present clients:

  • In this area, we act for clients in the health care sector, the pharmaceutical industry, the construction sector, the oil and gas sector, educational institutions, professional associations and regulatory bodies and municipal organizations.
  • We represent clients in investigations, inquiries and mediations and in communications with the federal and provincial Privacy Commissioners.