The Law of Privacy

ebook Volume 1

By Michael Power

cover image of The Law of Privacy

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Privacy in the Public and Private Sectors

Privacy can be a difficult concept to grasp. It is highly contextual with a fluidity that poses legal and ethical challenges for individuals, business organizations and even government institutions. Nonetheless, privacy concerns are becoming increasingly important in today's information-gathering society and there has been extraordinary growth in the law of privacy in the last two decades.

Author Michael Power is a leading authority on Canadian privacy law and issues concerning the protection of personal information. His book is a comprehensive treatise providing a thorough overview of Canadian privacy law. Includes two main sections:

  1. Personal Information Protection in Canada – Legislation and statutes; the meaning of "personal information"; the collection, use and management of personal information in the public, private and health sectors; security and breach notification; borders and boundaries; and enforcement
  2. Privacy – Common law and arbitral decisions; privacy and the Charter; privacy in Canadian tort law; criminal law; and employment

Features Include

Clarifies how Canada's privacy laws affect three important entities across three different sectors:

  • Public sector "institutions" (which include the police in a Charter context)
  • Private sector "organizations" subject to personal information protection statutes
  • Health sector "custodians", recognizing that a few jurisdictions characterize this third type as "trustees"

    Features unique chapters covering:

  • Security requirements and breach notification laws in Canada in the private, public and health sectors
  • Canadian laws concerning cross-border data flows which can impact outsourcing and affect cloud computing initiatives

    Includes a helpful annex:

  • Provides guidance on how to manage personal information, including how to build privacy management frameworks and the privacy issues that must be addressed in outsourcing and procurement

    What's New in this Edition?

  • Enacted amendments to PIPEDA under the Digital Privacy Act
  • Changes to the Criminal Code concerning revenue pornography/cyberbullying/harassment
  • Enactment of new health privacy legislation with:

  • Alberta's Protecting Victims of Non-consensual Distribution of Intimate Images Act
  • Manitoba's Intimate Image Protection Act
  • NWT's Health Information Act
  • Yukon's Health Information Privacy and Management Act

  • Incorporation of new and significant case law, especially at the Supreme Court of Canada level
  • Incorporation of new federal Privacy Commissioner findings since 2012
  • Recognition of a new tort of publication of private information in Ontario (new in 2016 alone)
  • Extension of, and developments pertaining to, the tort of intrusion upon seclusion since 2012

    Who Will Benefit From This Book?

    A number of lawyers and other professionals will find this publication invaluable, including:

  • Legal advisors – To assist in researching and advising on privacy law issues
  • Regulators, law enforcement personnel and policy makers – To provide a summary of the privacy law regime in Canada to assist in shaping and enforcing the law in the area
  • Business professionals – To assist in complying with privacy laws
  • Academia – To assist in teaching privacy law, regulatory law and human rights law courses, as well as general undergraduate courses in related subjects
  • The Law of Privacy