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Archive for ‘Technology: Internet’

Employer and Employee Disagree About Right to Disconnect

In France, the right to disconnect was made law on January 1, 2017, “requiring employers to have clear policies in place regarding when employees engage in workplace communication outside of the office and when on vacation.” This law is because of a French Supreme Court Case in 2001 that “held that “the employee is under no obligation either to accept working at home or to bring there his files and working tools”. In 2004, this principle was confirmed again by the French Supreme Court which added in this case, “the fact that [the employee] was not reachable on his cell . . . [more]

Posted in: Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Continued Consultations on Possible Complex Canada Labour Code Changes

Important changes to the Canada Labour Code were recently made (i.e., Bill C-63 and C-86, among others), but the government’s work to modernize the Canada Labour Code isn’t done yet. On February 20, 2019, the federal government convened an independent expert panel to provide advice on five complex workplace issues facing Canadian employers and employees due to the changing nature of work. . . . [more]

Posted in: Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

International Conference on Artificial Intelligence and Law

The 17th International Conference on Artificial Intelligence and Law will take place in Montreal, Quebec this year June 17-21. Aptly the venue will be the Cyberjustice Laboratory at the Université de Montréal. This is a biennial conference organized by members of the International Association for Artificial Intelligence and Law.

The Cyberjustice Lab is international in scope and pursues a multidisciplinary approach, assembling “stakeholders, legal professionals, public actors and academics to rethink the justice system and both overcome its modern challenges as well as improve access to justice.” They investigate with a view that “technology, and especially AI, . . . [more]

Posted in: Technology: Internet

The 2018 Clawbies Are Officially On!

Depending on who you are, what you celebrate, and your personal tolerance for holiday cheer, December 1st is a big day for many folks.

It can be seen as the officially acceptable date to begin various activities: listening to Christmas music, putting up your lights and decorations, or adding a little Bailey’s to your morning coffee.

It is also Inauguration Day in Mexico (every six years), Bette Midler’s birthday, World AIDS Day, and the day in 1955 when Rosa Parks refused to give up her seat to a white man on a bus in Montgomery, Alabama.

Here in our little . . . [more]

Posted in: Technology: Internet

Right to Be Forgotten Referred to Federal Court

The professed right to be forgotten, now placed on the global stage with The EU General Data Protection Regulation (GDPR) and scrutiny by the Court of Justice on extraterritorial application, may finally get some judicial ruling on the matter in Canada.

This week, the Office of the Privacy Commissioner of Canada announced they have filed a Notice of Application to the Federal Court to weigh in on the many challenges around implementing this right under Personal Information Protection and Electronic Documents Act (PIPEDA),

In particular, the reference asks whether Google’s search engine service collects, uses or discloses personal information in

. . . [more]
Posted in: Substantive Law, Technology: Internet

Copyright Notice & Notice Is Flawed

You may have read about the Supreme Court of Canada deciding Rogers can be paid its costs for telling a copyright owner the identity of movie downloading customers. What isn’t talked about is the notice and notice system that puts this in motion.

A summary of the Rogers v Voltage decision is here. Omar has written about this on Slaw as well.

This is a complex and controversial issue. The essence is that sections 41.25 and 41.26 of the Copyright Act allow the owner of a copyright (eg a movie studio) to create a notice to send to people . . . [more]

Posted in: Substantive Law: Legislation, Technology: Internet

Is the Right to Be Forgotten Global?

The Court of Justice of the European Union is hearing arguments on whether the right to be forgotten under EU law (notably based on the Spanish case from 2014 that started all this discussion) should be applied globally by search engines. Here is The Guardian’s report.

You will notice that the report closes with a mention of the Canadian Supreme Court decision (in Equustek, not named) where the court made its takedown order against Google globally. I did not think the SCC dealt well with the arguments being raised at the CJEU, namely that if France, or Canada, . . . [more]

Posted in: International issues, Technology: Internet, ulc_ecomm_list

When Does a Technical Standard Become a Legal Standard of Care?

The Guardian reports us that the World Wide Web Consortium (W3C) is close to adopting a new authentication standard that can replace passwords. This would be some kind of “who you are” (biometric) or “what you have” (token, phone to receive code) method of authentication, rather than a “what you know” password. (I suppose a code sent to your phone is what you know, but you know it only case by case, because you have another communications channel.)

Some web services already work this way, as the article notes – or does in special cases, as when one is logging . . . [more]

Posted in: Substantive Law, Technology: Internet, ulc_ecomm_list

Ontario Accessibility Compliance and Enforcement Report 2017

The 2017 Ontario Accessibility Compliance and Enforcement Report is now available online and outlines the activities undertaken by the Accessibility Directorate of Ontario in 2017 to oversee compliance with the Accessibility for Ontarians with Disabilities Act and its accessibility standards.

The report explains the results of the December 31st compliance reporting obligations of obligated organizations, and the various audits and inspections conducted by the Accessibility Directorate of Ontario in 2017. Overall, the report clearly indicates that there is a lot of enforcement work still needing to be done for Ontario to reach the goal of becoming an accessible province . . . [more]

Posted in: Legal Information, Legal Information: Information Management, Legal Information: Libraries & Research, Legal Information: Publishing, Miscellaneous, Practice of Law, Practice of Law: Practice Management, Substantive Law, Substantive Law: Judicial Decisions, Substantive Law: Legislation, Technology, Technology: Internet, Technology: Office Technology

Recent Report of the Standing Committee on Access to Information, Privacy and Ethics

Written wholly by Christina Catenacci, BA, LLB, LLM, and PhD candidate at the University of Western Ontario

In February 2018, the Standing Committee on Access to Information, Privacy and Ethics released a report that summarized issues and recommendations concerning the Personal Information Protection and Electronic Documents Act (PIPEDA).

The report was authored by Bob Zimmer, the Chair of the Standing Committee, and presented to the House of Commons in the first session of the 42nd Parliament.

More specifically, the report was generated following the decision to undertake a review of PIPEDA. This review began February 14, 2017; it consisted of . . . [more]

Posted in: Justice Issues, Miscellaneous, Practice of Law, Practice of Law: Marketing, Practice of Law: Practice Management, Substantive Law, Substantive Law: Legislation, Technology, Technology: Internet

Draft OPC Position on Online Reputation and Public Consultation

On Friday, January 26, 2018, the Office of the Privacy Commissioner of Canada (OPC) released a draft of their position regarding online reputation and on how Canadians can better protect their online privacy and rights.

The draft report is the result of a 2016 consultation on online reputations. Through this consultation, the OPC was soliciting input from interested stakeholders about new and innovative ways to protect reputational privacy. Reputation and Privacy is one of the OPC’s four strategic privacy priorities. A summary of the 28 submissions received is posted online on the OPC website.

Summarizing the report

The draft . . . [more]

Posted in: Justice Issues, Miscellaneous, Substantive Law, Substantive Law: Foreign Law, Substantive Law: Legislation, Technology, Technology: Internet

Are Social Media Posts by Politicians Official Documents?

The US Department of Justice has declared that President Trump’s tweets are official statements of the President – at least in one case. In another, mentioned in the same ABA story, it is saying that they are not, at least to the point that the President can block people from his Twitter account.

What is your view? Are the posts subject to freedom of information laws and official records laws, so that they have to be preserved, they have to be accessible on request, they have to respect privacy rights?

There is a difference between politicians in government with official . . . [more]

Posted in: Technology: Internet, ulc_ecomm_list