Data Privacy Lawyer: Navigating the Complex World of Privacy Law

Roberts & Obradovic data privacy lawyers provide comprehensive services to help your organization navigate the complexity of provincial and federal data privacy regulations and safeguard your company’s confidential information. Whether you require preventative guidance to maintain data confidentiality or need assistance in responding to Canadian information privacy obligations, we are here to help. We can assist you in identifying and anticipating risks and obligations, creating customized plans and policies, implementing data incident response procedures, and offering advice on how to respond in the event of a data breach or incident.

Privacy by Design

Privacy by design is a long-standing concept that originated in Canada. In simple terms, it means that businesses should take a broad view of privacy, beyond just compliance with regulatory and legal requirements, and embed privacy practices into all stages of the design and development of their products or services. Embedding privacy and end-to-end data security into the design of the organization’s systems and business practices protects customer’s privacy and ultimately builds consumer trust. It is also a requirement by some jurisdictions, including Quebec and Europe. Roberts & Obradovic Law can help you understand not only the legal and regulatory landscape, but the practical and strategic considerations in incorporating privacy and data protections into your IT systems and business practices. 

Data Privacy Laws in Canada

In Canada, numerous laws pertain to privacy rights, and the enforcement of these laws is the responsibility of various government organizations and agencies.

There are multiple considerations that determine the applicable laws and the responsible oversight parties. Some of these factors include:

• The type of organization that is managing the personal data (ie. is it a federal organization, provincial, private, etc.)
• Where is the organization located?
• What type of information is in question?
• Is the information being transmitted across provincial or national boundaries?

We understand that navigating the complex landscape of privacy law in Canada can be difficult, particularly for those unfamiliar with the intricacies of federal, provincial, municipal, and private privacy laws. That’s why we have a team of experienced privacy lawyers who can provide legal counsel and guide our clients through the various legal frameworks that govern their privacy rights.

The Privacy Act 

The Privacy Act in Canada outlines the privacy rights pertaining to individual interactions with the federal government, including how the government collects, uses, and shares personal information. The act offers protection to personal data held by government institutions and also grants individuals the right to access their personal information that is held by the federal government.

The Privacy Act ensures that the personal information collected by government institutions is accurately maintained, used for the intended purpose, and kept confidential. It also sets out specific requirements regarding the disclosure of personal information, including obtaining consent and ensuring the information is relevant, accurate, and complete.

In handling personal information, government institutions are required to do the following:

• As to collection of information, they can only collect personal information if it is directly related to government programs or activities, and they are required to inform the owner of the purpose why the information is being collected;
• As to the use of information, they may only use the personal information for the purpose for which it was collected or for a use consistent with that purpose, and that the personal information that will be used is accurate, up-to-date and complete as possible;
• As to the retention of information, they may only retain personal information for at least two (2) years unless the owner consented to its disposal; and
• As to the disclosure of information, they cannot be disclosed the personal information without the consent of the owner, except to the following circumstances:
• The disclosure is for the original purpose for which the information was collected or a use consistent with that purpose;
• The disclosure is authorized in federal legislation;
• The disclosure is incompliance with subpoenas, warrants or orders of a court or another body with authority to compel information;
• The disclosure is clearly beneficial to the individual; and
• The public interest in disclosure outweighs any invasion of privacy.

Contact a Data Privacy Lawyer

As privacy laws, regulations, and best practices continue to evolve in response to technological and societal changes, businesses and organizations face ongoing challenges to remain compliant. Roberts & Obradovic Law recognizes these challenges and can provide assistance to help organizations navigate them. If you need help with data privacy, please contact our privacy lawyers by calling 647-724-5179 or reaching out to us today for more information on how we can support you.